- (1.) THIS is an application under Section 561-A, Criminal P. C. , for quashing certain proceedings pending in the Court of the City Magistrate, Lucknow so far as they relate to the applicant, D. P. Halwasiya,
(2.) THE case arose on the complaint made by the senior inspector of the Bent Control and Eviction department under Section 8, U. P. (Temporary) Control of Rent and Eviction (Amendment) Act, 1947, for contravention of Sections 7 and 9 of that enactment. Section 8 says that : "any person who contravenes any of the provisions of this Act or any order made in pursuance thereof shall be punishable on conviction with simple imprisonment for a terra which may extend to six months or with fine up to Rs. 1000 or with both. " Section 7 lays down that : "the District Magistrate may, by general or special order, require the landlord to give intimation that any accommodation of which he is the landlord is or has fallen vacant and to let or not to let such accommodation to any person. " It goes on to say that in eases, where in pursuance of an order of the District Magistrate passed as aforesaid, the vacancy of any accommodation is required to be reported, the tenant occupying such accommodation, shall within seven days of his vacating the same, give intimation thereof in writing to the District Magistrate or such officer as the District Magistrate may appoint in this behalf. It would seem that the District Magistrate of Lucknow acting under Section 7 passed an order on 8-3-1949, making it incumbent upon every landlord within the municipal limits of lucknow and the limits of the notified areas of Alarnbagh and Charbagh to give immediate intimation of the fact of the falling vacant of any accommodation of which he is the landlord to the Bent Control and Eviction Officer, Lucknow. Such intimation according to the notification had to be given in writing in the prescribed form not later than seven days after the date on which the accommodation fell vacant. The order further provided that no landlord shall let out such accommodation as is mentioned above to any person for a period of fifteen days from the date of receipt of the intimation by the Bent Control and Eviction Officer, Lucknow, and he shall on receipt of the allotment order from the District Magistrate or the Kent Control and Eviction officer, Lucknow, within that period let out the accommodation only to the persons specified in that order.
(3.) SECTION 9, the contravention of which was also complained of provides : "every order made under Clause (bb) of Sub-rule (2) of Rule 81, Defence of India Rules, in respect of any of the matters specified in or under this Act shall, so far as it could valid-ly have been made by the Provincial Government or the District Magistrate, continue in force and be deemed to have been made under this Act until it is superseded or modified by a competent authority under this Act and all orders made and directions given under any such order shall also continue in force until superseded or modified by a competent authority. " The applicant is one of the three partners of the firm Ganesh Das Ram Gopal which owns a large shopping centre constructed in April 1948 in Hazratganj, Lucknow and is known as halwasiya Market. Shops NOS. 7 and 9 in the aforesaid market were held in tenancy by one Sri manohar Lal Mullick till 8th January 1951. On the last mentioned date this gentleman wrote to messrs. Ganesh Das Ram Gopal intimating that he was giving up his tenancy and Messrs. Bhatia, Brothers would use the promises which were in his occupation. The letter is of importance and its relevant parts may well he reproduced. It states : " Yon are aware, my late lamented father breathed his last on 16th November 1960. I have, therefore, decided to close my shop at Halwasiya Market and intend to sell all my furniture to messrs. Bhatia Brothers who will also use the above mentioned shops which were under my occupation. I trust, you will kindly recognise him as your tenant in place of me and also cause having the allotment made by the Rent Control and Eviction Officer, if necessary. ";