PURSHOTTAM DAS versus SMT. RAJ MANI DEVI

PURSHOTTAM DAS versus SMT. RAJ MANI DEVI

The permission to institute the ejectment suit granted under s. 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, though revoked by the Commissioner, was effectively restored by the State Government's order under s. 7F, with effect from July 30, 1963, and thus the suit was validly maintainable on the date of the decree.

Parties
Appellant: Purshottam Das; Respondent: Smt. Raj Mani Devi
Jurisdiction
India
Judgment Date
30 October 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree of Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Eviction, Rent Control, Permission to Institute Suit
Landlord Tenant Eviction Rent Control Permission to Institute Suit

Case Brief

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Parties

Purshottam Das

Appellant

Smt. Raj Mani Devi

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree of Allahabad High Court

Legal Issues

  1. 1 Whether there was a valid and effective permission to institute the suit for ejectment under s. 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947

Ratio Decidendi

The permission to institute the ejectment suit granted under s. 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, though revoked by the Commissioner, was effectively restored by the State Government's order under s. 7F, with effect from July 30, 1963, and thus the suit was validly maintainable on the date of the decree.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs