GANGADHAR AGARWALLA AND ANR. Vs. PRAFULLA CHANDRA ADHIKAR AND ANR.

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree of the learned Subordinate Judge, U.A.D. dated 16 -2 -1950 by which he affirmed the order of the trial court passed in pursuance of Section 6(3), Assam Urban Areas Bent Control Act, 1946. The order passed by the trial Court was made upon an application purporting to be an application under Section 6(3) of the Act.

(2.) MR . Barua the learned Counsel for the appellants, the tenants, has contended that the order passed by the learned trial Judge was without jurisdiction as Section 6(3), Assam Urban Areas Rent Control Act, 1946, applies only to a case where an order for possession has been made, and that as in this case no order for possession was made by a Court, the application under Section 6(3) of the Act was incompetent.

(3.) THE result is that the judgment and decree of the lower appellate Court is set aside and the applications preferred by the tenant under Section 6(3), Rent Control Act, is dismissed with costs throughout.