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PETITIONER: DESHRAJ
Vs.
RESPONDENT: AKHTAR HUSSAIN
DATE OF JUDGMENT: 12/09/1960
BENCH: GUPTA, K.C. DAS BENCH: GUPTA, K.C. DAS WANCHOO, K.N. HIDAYATULLAH, M. SINHA, BHUVNESHWAR P.(CJ) KAPUR, J.L. GAJENDRAGADKAR, P.B. SUBBARAO, K.
CITATION: 1961 AIR 148 1961 SCR (1) 665
ACT: Rent, fixation of-Suit flied under ordinance after due notice Ordinance replaced by Act--Plaint returned-Fresh suit filed-Whether fresh notice necessary-United State of Gwalior, Indore and Malwa (Madhya Bharat) Accommodation Control Act, Samvat 2006 (M. B. 15 of 1950) s. 7(2).
HEADNOTE: The appellant, after due notice to the respondent, had filed a suit for fixation of rent under the provisions of the Accommodation Control Ordinance Madhya Bharat. In the meantime the Accommodation Control Act (M. P. 15 of 1950) came into force and the plaint filed by the appellant was returned. The appellant without serving a second notice filed a fresh suit under the Act,, which was decreed. The respondent contended that a suit could not be instituted under the Act without a fresh notice, because of s. 7(2) of the Act. Held, that s. 7(2) of the Accommodation Control Act (M. P. 15 of 1950) contemplates that a notice should be given but there are no words in the section which made it obligatory that the notice should be issued in terms as under the Act and be given after the Act came into ...