Supreme Court of India
Mohammad Swalleh & Ors. v. Iiird Addl. District Judge, Meerut & Anr.
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4 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid, we are of the opinion that the Prescribed ·-f Authority was clearly in error in upholding the objection of the tenant that as the previous suit had been filed by the tenant on the basis of permission and the same had been dismissed, the application under D section 43(2)(rr) of the Act 13 of 1972, was not maintainable.
Judgment, page 7
From the headnote
t- U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972: s. 43(2)(rr) U.P. (Temporary) Control of Rent and Eviction -Act, 1947: s. 3-Permission for eviction granted under s. 3 of the old c Act becoming final-First suit dismissed on technical grounds- -f Application for eviction filed un.der s. 43(2)(rr) of the new Act- Whether maintainable. Constitution 'of India, Arts. 226 & 136: Absence of provision in Statute for appeal-Erroneous order of Prescribed Authority set aside by District Judge-Jurisdiction of Court to interfere with. Sub-section (1) of s. 3 of the U .P.
Where later benches applied it
- 2013 Ni Pra Channabasava Deshikendra Swamigalu Matadhipathigalu Kannada Mutt v. C.P. Kaveeramma & Ors.
- 2008 Ramesh Chandra Sankla Etc. v. Vikram Cement Etc.
- 2004 Fulchand Bhagwandas Gugale and Anr. v. State of Maharashtra and Ors.
- 1999 M.C. Mehta v. Union of India and Ors. Re: Inder Mohan Bensiwal Re: Bharat Petroleum Corporation Ltd
Of those, 1 referred to · 3 mentioned
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