S.S. Dhavan, J. - (1.) This is an appeal by the National English School and its head master against an order of Mr. Justice Tandon dismissing their petition under Article 226 of the Constitution directed against an order of the Rent Control and Eviction Officer, Allahabad dated 13-10-1958 releasing a certain house in favour of Dr. Patiram who is Respondent No. 2 in this appeal and the owner of that house. The facts very briefly are these. In the year 1938 a school for the education of little children was established in the Katra area of Allahabad under the name of the National English School. A gentleman by the name of Mr. IA Khan was one of its founders and its first head master. The school was established in 132 Katra which is the house in dispute. At that time the school was managed by a committee which was unregistered body. In 1952 the landlord Patiram filed a suit in the court of Munsif West Allahabad for the ejectment of the school on the ground of willful default in payment of rent. Needless to say, the school was sued through its secretary Beni Prasad Agarwal, A decree for ejectment was passed on 1-5-1954 which was confirmed on appeal both by the learned Civil Judge and by this Court in second appeal.
(2.) On 2-8-1958 Mr. IA Khan the head master of the school applied to the District Magistrate, Allahabad for the allotment of the house to him under the control of Rent and Eviction Act. In his application Mr. Khan stated that a decree for ejectment had been passed at the instance of the owner which if carried out would result in the closing down of the school. He also pointed out that nearly 200 students were receiving education at this school and therefore, it was in the public interest that it should continue to function in the same building. The District Magistrate acceded to Mr. Khan's request and passed the usual allotment order in his favour directing the owner to let the house to Mr. IA Khan. A few days later Mr. Khan wrote to the District Magistrate thanking him for the allotment of the house in his name. He undertook a personal liability to pay rent to the landlord and concluded his letter with this sentence, "I am now in possession of the said house and the National English School is located in the said building."
(3.) It appears that the owner Patiram who considered himself deprived of the fruits of his decree by this allotment order, made a representation to the State Government invoking its interference Under Section 7F of the Rent Control and Eviction Act. The State Govt. in response to this representation wrote to the Rent Control and Eviction Officer that his order of allotment in favour of Mr. I.A. Khan "was not quite just and proper inasmuch as it rendered the decree of ejectment passed against the said school for default in payment of rent nugatory." Government however did not cancel the allotment order but suggested to the Rent Control and Eviction Officer that the need of the landlord Dr. Patiram should be considered under Rule 6 before considering the question of the allotment of the house. In August 1958 Mr. I.A. Khan died, on 13-10-1958 the Rent Control and Eviction Officer passed an order allowing Dr. Patiram's application under Rule 6 of the Control of Rent and Eviction Rules in which he held that Dr. Patiram's need for accommodation was bona fide. He therefore, permitted him to occupy the house in dispute, which had been according to him, vacated by Mr. I.A. Khan. The order pointed out that the allotment order had been made in favour of Mr. Khan, who died in the month of August 1958. The Rent Control and Eviction Officer took the view that his death resulted in a vacancy within the meaning of Section 7 of the Act and the accommodation was again available for allotment.;