NIREN KUMAR DASS Vs. DISTRICT JUDGE PILIBHIT
SUPREME COURT OF INDIA
Niren Kumar Dass
DISTRICT JUDGE PILIBHIT
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(1.)We have heard the learned counsel at some length.
(2.)We are of the firm opinion that the object of Section 7 (2 of U. P. (Temporary) Control of Rent and Eviction Act, 1947 is to prevent private renting and thereby circumvent of the provisions of the Act. Certainly, where a decree of eviction, obtained under any of the grounds mentioned in Section 3 of the Act and after that decree is yet to be executed, the landlord need not go before the District Magistrate under Section 7 (2 and ask for permission to occupy. If such a power is conferred on the District Magistrate, he can set at naught the decree of the court obtained after contest. This may include even the High court or even a higher court. Law cannot be administered unreasonably that way. The appeal will stand dismissed. All interim orders passed during the pendency of the Civil will stand vacated.
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