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december 1958

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.

CHAUBE JAGDISH PRASAD AND ANOTHER vs GANGA PRASAD CHATURVEDI · Niyam