Supreme Court of India · 1958-12-05
CHAUBE JAGDISH PRASAD AND ANOTHER vs GANGA PRASAD CHATURVEDI
- Citation / case number
- SC 1955/57
- Court
- Supreme Court of India
- Petitioner
- CHAUBE JAGDISH PRASAD AND ANOTHER
- Respondent
- GANGA PRASAD CHATURVEDI
- Bench
- KAPUR, J.L.
Judgment text excerpt
The Supreme Court held that under Section 3A of the U.P. Temporary Control of Rent and Eviction Act, 1947, the House Allotment Officer's decision regarding the date of construction is a jurisdictional fact that can be challenged in a suit under Section 5(4) of the Act. The Court ruled that if the Officer makes a wrong decision or exceeds his powers, it can be rectified through a suit. The High Court's interference in this matter was deemed appropriate as it involved a question of fact that affected jurisdiction, thus allowing the appeal and reinstating the trial court's decision.