BABU JAGJIWAN DAS Vs. CHOTEY LAL AND ANR.

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for the eviction of the defendants-respondents after obtaining the permission of the Rent Control and Eviction Officer of Basti filed in 1952. The plaintiff-appellant has been wanting to reconstruct his house, and he accordingly, obtained the permission of the Rent Control and Eviction Officer who was said to be the duly authorised officer for the purpose of obtaining the permission and filed his suit for the eviction of the defendants-respondents from the accommodation in dispute. A number of pleas were taken by the defendants-respondents but they were decided against them. The only question which remained for decision was whether the District Magistrate of Basti had duly authorised the Rent Control and Eviction Officer under Sec. 2(d) of the U.P. (Temporary) Control of Rent and Eviction Act III of 1947 (hereinafter referred to as the Act) which runs as follows:-

(2.) This question was decided by the trial court in favour of the plaintiff-appellant on 14.12.61 after the case had been remanded for trial of this issue alone by the lower appellate court which had set aside the decree for ejectment of the defendants-respondents on the ground that the above-mentioned question ought to have formed the subject-matter of a separate issue.

(3.) The defendants-respondents appealed for the second time after the second decree for ejectment against them. He succeeded in the lower appellate court which allowed the appeal of the defendants-respondents on the ground that the trial court had relied upon inadmissible evidence and irrelevant facts in holding that the power of the District Magistrate had been delegated to the Rent Control and Eviction Officer. Hence, the plaintiff's second appeal to this Court. ***