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PETITIONER: CHAUBE JAGDISH PRASAD AND ANOTHER
Vs.
RESPONDENT: GANGA PRASAD CHATURVEDI
DATE OF JUDGMENT: 05/12/1958
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. IMAM, SYED JAFFER DAS, S.K.
CITATION: 1959 AIR 492 1959 SCR Supl. (1) 733 CITATOR INFO : R 1970 SC1193 (8) R 1970 SC1727 (7) R 1979 SC 404 (23)
ACT: Revision-Revisional Powers of High Court-jurisdiction of subordinate court dependent on existence of fact-Erroneous finding as to such fact-Competence of High Court to interfere-Code of Civil Procedure (Act V of 1908), S. 115.
HEADNOTE: Landlord and Tenant-Accommodation-Agreed monthly rent New construction-Enhancement of rent-House Allotment Officer’s findings-Power of the civil courts to interfere U. P. Templeton Control of Rent and Eviction Act, 1947 (U.P. 3 of 1947), SS. 2(a)(f) 3A, 5(4), 6. In 1938 the respondent took on rent from the appellant the accommodation in dispute on a monthly rent of Rs. 21-4as. On January 28, 1950, the appellant made an application to the House Allotment Officer under s. 3A of the U.P. Temporary Control of Rent and Eviction Act, 1947, for an increase in rent, on the allegation that according to the instruction of the respondent lie had made a new construction in January, 1949. The 734 Officer considered that the accommodation was not ...