L. KEDAR NATH Vs. L. KISHAN LAL

JUDGEMENT

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

(2.) The U.P. Act III of 1917 (U.P. Temporary Control of Rent and Eviction Act, 1947), was made applicable to the Hasaupur Notified Area on the 26th of September, 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 Sec. 1, Sub -section (3), be deemed to have come into operation on the 1st day of October 1946. That is a date which is prior to the 29th of November. 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 Sec. 3 of the said Act.