Kamal Narain Singh, J. - (1.) The petitioner is the owner and landlord of a plot of land situated in Mohalla Jawaharnagar, Konch, Distt. Jalaun. Pir Bux and Abdul Aziz claimed to be the tenants of the plot in question over which a Katcha shop having a tin roof was said to be in existence for the last 7 or 8 years. The shop consisted of one room and Saiban, they used land in front of Saiban and stored their Bans and Ballis as they were carrying on business of sale of Bans and Ballis. Some dispute arose between the landlord and the tenants, whereupon, the petitioner filed a suit in the Civil Court for the ejectment of Pir Bux and Abdul Aziz on the ground that they were trespassers and were forcibly occupying the plot in question. The civil suit was contested by the tenants on the ground that they were not trespassers and that over the plot, there was a shop of which they were tenants. The dispute between the petitioner and the aforesaid tenants was going on and relations between them were highly strained. The respondents tenants asserted that on 9th October, 1969, the petitioner landlord went to the disputed shop along with several persons. They took away the tin, which roofed the shop in question as a result of which, the shop fell down and they were not able to carry on their business. Pir Bux and Abdul Aziz filed an application before the RC and EO, Jalaun u/Ss. 7 -D and 8 of UP Control of Rent & Eviction Act, 1947. Notice of that application was given to the petitioner. He filed a written statement controverting the allegations made by the tenants. The petitioner asserted that the RC & EO had no jurisdiction to entertain or try that application as Pir Bux respondent No. 1 and Abdul Aziz respondent No. 2 were not tenants and hence they were not entitled for any protection under the UP Rent Control & Eviction Act, 1947.
(2.) The proceedings before the RC & EO however proceeded.
(3.) The parties before the RC & EO filed their documentary evidence but as regards oral evidence, the case was adjourned to several dates, finally 21st of April, 1969 was fixed for evidence. On that day, the landlord could not appear before the RC & EO and sought an adjournment through telegram. The RC & EO, however, did not adjourn the proceedings and proceeded to record the evidence produced by the tenants. The RC & EO by his order dated 27th of May, 1963 held that Pir Bux and Abdul Aziz were the tenants of the shop No. 121 and the landlord in order to harass them had forcibly removed the tin sheets and other Malba of the shop. He, therefore, directed Sri Manzoor Ali Shah, the petitioner to replace the wooden shop and tin sheets to roof the shop and to handover its possession to the applicants, failing which the applicants were authorised to erect the shop on the plot in question and deduct the cost thereof from the rent. The RC & EO further directed for taking proceedings u/S. 8 of the UP Control of Rent & Eviction Act, 1947 against the petitioner for his prosecution. The petitioner by means of the present writ petition has challenged the legality of the order dated 27th of May, 1969 of the Rent Control and Eviction Officer.;