BASHI RAM Vs. MANTRI LAL

JUDGEMENT

(1.) JUDGEMENT DWIVEDI, J. Two questions referred to this Bench are : 1. If in a suit instituted by a landlord for ejectment of his tenant with the permission of the District Magistrate obtained under S. 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act, the State Government on being moved by the tenant to pass an appropriate order under S. 7F on the record of the case granting permission passes an order suspending the operation of the permission, what is its effect on further proceedings in the suit pending in court ?

(2.) I do not propose to answer the first question in this case. The answer to the second question is determinative of the case. There has been little argument at the bar about the power of the State Government to pass an interim order suspending the operation of the permission of the District Magistrate. As at present advised, I am inclined to the view that the State Government has no such power.

(3.) THE order of the State Government, it may be observed, affirms the grant of permission by the District Magistrate; only the date of its operation is varied. The lower appellate Court could not take on record the order of the State Government under R. 27 of O. 41 of the Code of Civil Procedure. The order could not be admitted on record under S. 151 of the Code of Civil Procedure, as such admission would encourage multiplicity of proceedings and would not be in the interests of justice. The lower appellate Court wrongly admitted the order as additional evidence. As the order cannot be read in evidence, it can have no effect on the decree under appeal.