L KEDAR NATH Vs. L KISHAN LAL

JUDGEMENT

(1.) I agree that we must take into consideration any change in law which has supervened since the judgments in this case were entered.

(2.) The U.P. Act III [3] of 1947 (U.P. Temporary Control of Rent and Eviction Act, 1947) was made applicable to the Hasanpur Notified Area on 26-9-1947, that is to say, on a date after the present second appeal was filed in this Court.

(3.) The effect of the Notification in the Official Gazette declaring that the Act was applied to Hasanpur is that every part of the Act becomes applicable. Once the Act is applied, it must, by virtue of Section 1, Sub-section (3), be deemed to have come into operation on 1-10-1946. That is a date which is prior to 29-11-1946 on which date the suit out of which this appeal arises, was instituted. Therefore, the position is that no decree for ejectment can now be passed on grounds other than those specified in Section 3 of the said Act.