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State of Uttar Pradesh Vs. Arshad Ali Khan - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal Nos. 352 and 353 of 1970
Judge
Reported inAIR1982SC780a; (1981)4SCC144
ActsUttar Pradesh Land (Eviction and Recovery of Rent and Damages) Act, 1959
AppellantState of Uttar Pradesh;state of Uttar Pradesh
RespondentArshad Ali Khan;abdul Ghaffar
Cases ReferredMaganlal Chhaganlal (P.) Ltd. v. Municipal Corporation of Greater Bombay
Excerpt:
- .....appeal, set aside the impugned judgment and remand the case to the high court for deciding the other points arising in the petition filed before it for revision of the order of the learned additional district judge. there will be no order as to costs.
Judgment:

A.D. Koshal, J.

1. An order of eviction from certain plots of land passed under the U.P. Public Lands (Eviction and Recovery of Rent and Damages) Act, 1959 (hereinafter referred to as the Act) was confirmed in appeal by the Additional District Judge, Kumaon. The appellate order was sought to be revised through an application filed in the Allahabad High Court, a learned single Judge of which held, following a judgment of a Full Bench of that Court in Raja Ram Verma v. State of U.P. , that the Act was ultra vires of the Constitution in its entirety and that, therefore, the eviction order had to be set aside. The application made by the respondent to the High Court was accepted solely on that ground. The order of the High Court is dated the 30th July, 1969 and it is that order which is impugned in this appeal by special leave.

2. Learned Counsel for the parties are agreed that in view of the dictum of this Court in Maganlal Chhaganlal (P.) Ltd. v. Municipal Corporation of Greater Bombay : [1975]1SCR1 the Act cannot be deemed to suffer from any unconstitutionality. We hold accordingly, accept the appeal, set aside the impugned judgment and remand the case to the High Court for deciding the other points arising in the petition filed before it for revision of the order of the learned Additional District Judge. There will be no order as to costs.


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