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september 1968

Supreme Court of India · 1968-09-27

BHAGWAN DAS vs PARAS NATH

Citation / case number
SC 1968/60159
Court
Supreme Court of India
Petitioner
BHAGWAN DAS
Respondent
PARAS NATH
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that a decree for eviction obtained after the Commissioner granted permission under Section 3(3) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 does not become unenforceable merely because the State Government revokes that permission under Section 7(F) after the decree is passed. The Court emphasized that there is no provision in the Act that invalidates a decree passed in a validly instituted suit, and the finality of a decree cannot be easily inferred to be negated by subsequent legislative action unless explicitly stated. The Court upheld the High Court's decision, affirming the validity of the eviction decree despite the revocation of permission by the State Government.

BHAGWAN DAS vs PARAS NATH · Niyam