Court : Allahabad
Decided on : Jan-22-1975
Reported in : AIR1976All517
T.S. Misra, J.1. The following question wag referred by our learned brother C. S. P. Singh, J., to a larger Bench:'Whether a vacancy occurs under the provisions of U. P. (Temporary) Control of Rent and Eviction Act 1947 in case a tenant sub-let a portion of his accommodation ?'2. When the matter was placed before a Full Bench consisting of three Judges it appeared that the question involved a reconsideration of a Full Bench decision of this Court in Mohd. Ishaq v. State of U. P. : AIR1966All280 and also of some observations made by another Full Bench in R.K. Singh v. State of U. P., (1970 All LJ 592). Since those Full Benches were constituted by three learned Judges it was felt that the aforesaid question should be referred to a larger Bench constituted by at least five Judges. That is how the said question has now come up before this Full Bench.3. The question referred to us is in an abstract form, hence before seeking an answer to the same it would be appropriate and useful in the fi...
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-1975
Reported in : AIR1975All354
M.P. Saxena, J.1. This is plaintiffs' second appeal against the judgment and decree dated 11-3-1965 passed by the Additional District Judge, Moradabad.2. Briefly stated the facts alleged in the plaint were that one Sheel Chand was the owner of the house described in para 1 of the plaint. After his death it devolved on his two sons, namely. Babu Ram and Ram Swarup in equal shares. On the death of Babu Ram his one half share was inherited by his widow, Smt. Kalawati Devi and on the death of Ram Swamp his one hair share devolved on his sons Maharaj Kumar and Ratan Kumar. The latter died in 1940 leaving behind his widow Smt. Rukmini Devi who got his 1/4 share. Maharaj Kumar died in or about the year 1943 and his one-fourth share devolved on his widow Smt. Tribeni Devi and three sons namely. Devendra Kumar, Mahendra Kumar and Surendra Kumar. In 1950 Smt. Kalawati filed a suit (No. 64 of 1950) against Devendra Kumar and others for partition of her half share. It was decreed and the final dec...
Tag this Judgment!Court : Allahabad
Decided on : Nov-10-1975
Reported in : AIR1976All173
K.C. Agarwal, J.1. This writ petition came to us on a reference made by a Division Bench at the time of its admission in view of a substantial question of law as to the interpretation of Explanation (iv) of Section 21(1) of the New Rent Control Act involved therein. The facts necessary for appreciating the question arc as follows:House No. 83/B-12 situate in Mohalla Chauraha Gali, Moradabad, belonged to a joint family consisting of the petitioner, his father Har Govind Singh and three brothers viz. Hari Shankar, Sri Shankar and Jag Mohan. A partition took place between the members of the joint family in 1968. As a result of the aforesaid partition the property shown by yellow colour in the site plan attached with the partition deed came to the share of Mahraj Narain Khanna, the petitioner. This portion comprised of shops and godowns on the ground floor as well as a residential portion on the first floor. Mesho Saran, respondent No. 3, was a tenant of a portion shown in yellow colour wh...
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-1975
Reported in : AIR1976All290
Asthana, C.J.1. I am indebted to brothers Satish Chandra and C. S. P. Singh for the opinions they have prepared, which I had the benefit of perusing. They have very dextrougly reviewed almost whole of the law and have very ably arrived at certain conclusions on the vexed questions which have defied solution and have been a prolific source of litigation in the subordinate courts and in the High Court without end. The decided cases of this Court noticed by my learned brothers show that despite all efforts we have only succeeded in cooking a soup of varied hue and colour and nobody has been the wiser as to what it is and what it tastes like. I share the view of brother C. S. P. Singh that the situation calls for modification of the relevant rules for achieving clarity and definiteness. There is no denying the fact that in the day to day working of the subordinate Courts in the exercise of their civil jurisdiction the problems posed will always arise in the disposal of the cases on the adj...
Tag this Judgment!Court : Allahabad
Decided on : Oct-06-1975
Reported in : AIR1976All252
ORDERK.C. Agarwal, J.1. These five connected writ petitions are directed against the judgment of the District Judge, Rampur filed by five different parties and as they can be decided by a common judgment, the are being taken up together.2. Champa Kunwar Trust is a public charitable trust created by one Srimati Champa Kunwar under a trust deed dated 1-2-1948. It owns a Dharamshala building including several shops constructed in the same premises situated in Bazar Safdarganj, Rampur. The Trust filed an application under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, briefly stated as 'the Act', for eviction of the following tenants occupying different shops belonging to the Trust:(i) Dr. Murari Lal Gupta (ii) Chiranji Lal (iii) Bannu Lal Chatwala (iv) Jagan-nath (v) Satya Prakash and Atma Prakash (vi) Shabban Hotelwala.3. Amongst these tenants Satya Prakash and Atma Prakash were occupying the biggest shop having six doors on a rent of Rs. 75...
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