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    <title>1963 (4) TMI 93 - ALLAHABAD HIGH COURT (FB)</title>
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    <description>Section 7-E of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 was construed by the majority as entrusting enforcement of the tenant&#039;s right to the Munsif in his capacity as a civil court, not as a persona designata. The construction was supported by the Act&#039;s scheme, the use of court-related language, the civil nature of the dispute, and the absence of any clear exclusion of ordinary civil court jurisdiction. On that footing, an order made under Section 7-E was held revisable under Section 115 of the Civil Procedure Code because the Munsif acted as a court subordinate to the High Court. The dissent treated the provision as creating a special jurisdiction in a persona designata, excluding revision.</description>
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    <pubDate>Mon, 29 Apr 1963 00:00:00 +0530</pubDate>
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      <title>1963 (4) TMI 93 - ALLAHABAD HIGH COURT (FB)</title>
      <link>https://www.taxtmi.com/caselaws?id=199760</link>
      <description>Section 7-E of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 was construed by the majority as entrusting enforcement of the tenant&#039;s right to the Munsif in his capacity as a civil court, not as a persona designata. The construction was supported by the Act&#039;s scheme, the use of court-related language, the civil nature of the dispute, and the absence of any clear exclusion of ordinary civil court jurisdiction. On that footing, an order made under Section 7-E was held revisable under Section 115 of the Civil Procedure Code because the Munsif acted as a court subordinate to the High Court. The dissent treated the provision as creating a special jurisdiction in a persona designata, excluding revision.</description>
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