Research › Browse › Judgment

Supreme Court of India · body

1994 DIGILAW 103 (SC)

Niren Kumar Dass v. District Judge, Pilibhit

1994-01-19

M.K.MUKHERJEE, S.MOHAN

body1994
ORDER 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(1) 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 with dismissed. All interim orders passed during the pendency of the civil appeal will stand vacated.