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november 1965

Supreme Court of India · 1965-11-10

LALA RAM SWARUP AND OTHERS vs SHIKAR CHAND AND ANOTHER

Citation / case number
SC 1964/90351
Court
Supreme Court of India
Petitioner
LALA RAM SWARUP AND OTHERS
Respondent
SHIKAR CHAND AND ANOTHER
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,RAMASWAMI, V.,SATYANARAYANARAJU, P.

Judgment text excerpt

The Supreme Court held that Sections 3(4) and 16 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, bar civil courts from questioning the validity of permissions granted or refused under the Act. The Court established that while civil courts' jurisdiction is generally excluded, it can be invoked if the order in question is a nullity. The High Court's limitation on the Commissioner's revisional powers was deemed unjustified, affirming that the Commissioner can intervene if the District Magistrate acted illegally or with material irregularity.

LALA RAM SWARUP AND OTHERS vs SHIKAR CHAND AND ANOTHER · Niyam