STATE OF UTTAR PRADESH Vs. ANAND SWARUP

JUDGEMENT

(1.) This appeal by special leave at the instance of the State of Uttar Pradesh and the District Magistrate, Meerut (briefly the defendants) is directed against the judgment of the Allahabad High Court in Second Appeal No. 993 of 1960 whereby the High Court dismissed the same. The material facts are briefly as follows:

(2.) Before the High Court the appellants submitted that the premises in suit being "Government Premises" within the meaning of S. 2(c) of the Act, the suit was barred under Section 15 of the Act. There was dispute between the parties in the High Court with regard to the factum of requisition of the premises under the Defence of India Rules, 1939. The High Court, however, did not deal with this point as it contended itself by relying upon a decision of the same Court reported in Shri Sripat Rai v. District Magistrate, Banaras, 1955 All LJ 681 and held that "the Act cannot be made applicable to a case where the letting had been done prior to the passing of this Act". Since, according to the High Court, the plaintiff came into possession by virtue of an allotment order before the date of the passing of the Act, the State action under the Act was invalid and S. 15 was no bar to the suit. This decision in our view cannot be sustained.

(3.) Section 2(c) of the original Act defines Government premises as follows :