ASA SINGH Vs. B. D. SANWAL AND OTHERS

JUDGEMENT

(1.) JUDGEMENT A Division Bench has referred a question for opinion to the Full Bench. After hearing counsel for the parties we have made some amendment in the form of the question. The question, as modified by us, is :

(2.) THE decision in Parmeshwar Dayal v. Additional Commissioner, Lucknow, 1963 All LJ 296 : (AIR 1964 All 7) is by a Full Bench. The above question was also considered by the Full Bench. Sri Chief Justice Desai and Sri Justice S. D. Singh took the view that the District Magistrate is not bound to consider the need of the tenant. Sri Justice Oak did not agree with their view. The majority of the Full Bench answered the above question in the negative.

(3.) FOUR reasons are mentioned in the opinions of Sri Chief Justice Desai and Sri Justice S. D. Singh in support of their view. Those reasons are :