KASHI PRASAD Vs. REX

JUDGEMENT

(1.) Kashi Prasad Nigam was convicted by the Sub-Divisional Magistrate of Lucknow for two offences under the U.P. Temporary Control of Rent and Eviction Act (III

(3.) of 1947) and sentenced to a fine of Rs. 25 or in default to undergo rigorous imprisonment for one month under each count. The case has been referred to this Court by the learned Sessions Judge of Lucknow with the recommendation that the applicant's convictions were illegal and might be quashed.

(2.) The material facts are as follows : Kashi Prasad Nigam is the owner of a house in Lucknow. He let it out to T. P. Nigam. T. P. Nigam informed the Rent Control and Eviction Officer, Lucknow, who exercised the powers of the District Magistrate under Act III