Jiwan Singh v. Rajendra Prasad and Anr.
Case brief
What is this about?
Condition precedent; written notice of vacancy within seven days; s. 7(1)(a) U.P. Act 3 of 1947; Rule 4 allotment to landlord's nominee; 30-day allotment misconception; jurisdictional error by Rent Control Officer; ultra vires allotment order dated 27-1-1967; incompetence of s. 7A eviction proceedings; maintainability of declaratory suit; remittance to Rent Control Officer for fresh consideration of rival allotment applications; Jiwan Singh v. Rajendra Prasad; Civil Appeal No. 999 of 1971; Mathew J. with Bhagwati and Untwalia JJ.; decided 19-12-1974.
What did the court decide?
Appeal allowed in part: decree of the High Court modified to the extent indicated; Rent Control Officer directed to consider afresh the first respondent's application dated 19-9-1966 and the appellant's allotment application after hearing both parties, pass the proper order, and thereafter take proceedings under s. 7A if necessary; appeal dismissed in other respects; no order as to costs.