DEWAN CHAND AND ANR. Vs. SMT. PHOOLA RANI

JUDGEMENT

(1.) The following question has been referred for the opinion of this Bench:

(2.) The relevant part of Sub -section (2 -a) of Sec. 1 of the U.P. (Temp.) Control of Rent and Eviction Act, 1947, reads thus:

(3.) It was urged that the impugned notification has been made under the second proviso. Let us examine the second proviso. The first clause of this proviso empowers the State Government to cancel or amend the notification issued under the first proviso applying the Act to any town area or other area. The impugned notification does not purport to cancel or amend any previous notification made under the first proviso and cannot be justified Under Clause (i) of the second proviso.