Law:

Section:

ACT: Constitution of India, 1950--Article 226--Powers of High Court to interfere with revisional orders passed by State Government under s. 7F of U.P. Temporary Control of Rent and Eviction Act, 1947. Public Policy--U.P. (Temporary) Control of Rent and Eviction Act, 1947 s. 3(1)--Suit for eviction to be instituted with permission of District Magistrate--Whether tenant can waive the requirement of Section. U. P. (Temporary) Control of Rent and Eviction Act. 1947-- Powers of the High Court under writ jurisdiction to interfere with the revisional order passed by the State Government under section 7F of the Act. HEADNOTE: The Additional District Magistrate passed an order for eviction against tenant on an application by the landlord under Section 7A of the Act. On revision, the Additional Commissioner confirmed the order of eviction. The State Government in exercise of its revisional powers under section 7F set aside the orders passed by the two authorities and held that the tenant was not liable to be evicted from the Premises. The State Government passed the order on the basis that the tenant was running a cinema in the premises since the year 1952 and that the District. Magistrate when he granted the licence was satisfied that the tenant was in lawful occupation and that, therefore, the tenant was entitled to the benefit of proviso to section 7A (1) of the Act. On writ petition filed, the Learned Single Judge of the High Court quashed the order of the State Government. The Division Bench of the High Court reversed the order of the Learned Single Judge. The landlord instituted a suit against the tenant for eviction without obtaining the permission of the District Magistrate under section 3(1) of the Act. The landlord relied on one of the clauses in the lease deed which provided that the parties agreed that they would not claim the benefit of the Rent Control and Eviction Act and that the provisions of the said Act were agreed not to be applicable to the said lease. The High Court held that the suit was not maintainable in view of Section (3)(1) of the Act. Dismissing the appeals, HELD : The High Court was right in holding that section 3 was applicable and…

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