KUSH SAIGAL Vs. M C MITTER

JUDGEMENT

(1.) Leave granted.

(2.) This appeal involves a little interpretative effort. Not like Themis, blindfolded, but like Astraea, the Roman Goddess of justice holding a Scale (Balance) without folds on the eyes and occupying the pride of place as "Libra" in the Zodiacal constellation. This would enable one to read all the words used in the Statutory provisions, so as to reach the correct conclusion on the true meaning intended to be conveyed by the Legislature by the use of those words.

(3.) Eastern residential portion of the property bearing No. 7/152, Swaroop Nagar, Kanpur, which is the accommodation in question, was allotted, some time in 1947, to Smt. Sushila Saigal, by an allotment order passed under the provisions of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947 (for short, 'the old Act'). Dr. Kalindi Mitter who had purchased the property in 1959, filed an application for permission under Section 3 of the old Act for filing a suit for the eviction of Smt. Sushila Saigal. The application was allowed by the Rent Control and Eviction Officer by his order dated 23-4-1960 against which a revision was filed by Smt. Sushila Saigal before the Commissioner which was dismissed but a further revision filed by her before the State Government under Section 7-F of the old Act was allowed on 27th of June, 1961 and the application of Dr. Kalindi Mitter for permission under Section 3 of the old Act to file a suit for eviction was rejected. It appears that on the basis of the permission granted by the Rent Control and Eviction Officer on 23-4-1960, Dr. Kalindi Mitter instituted regular suit No. 1664 of 1961 which came to be disposed of by the IInd Addl. Munsif, Kanpur, by judgment dated 24-11-1965. In that suit, several issues were framed but three relevant issues are reproduced below:-