R.L. Gulati, J. - (1.) The Petitioner is a tenant of a house in Dehradun which belongs to the second Respondent - -Har Nath Singh Rana. The house appears to be a small one, consisting of two rooms two varandahs and a courtyard and the rent is Rs. 16/ - per month. The Petitioner says that he is living in the house for the last 20 years with his family of 11 members. The landlord moved an application Under Sec. 3 of the UP (Temp.) Control of Rent arid Eviction Act, seeking per -mission to file a Suit for ejectment of the Petitioner on the ground that he needed the house in dispute for his own use, inasmuch as he Wanted his wife to be lodged in the' said house for treatment at Dehradun. It appears that the landlord is employed in the Military Department and Was posted at Agra. The application was rejected by the RC and EO. The land -lord filed a revision before the Commr., who remanded the case to the RC and EO with the following directions: The revisionist will within a month from today have examined his wife of Civil Surgeon Dehradun and produce examination report before the RC and EO, Dehradun. The land -lord produced the report of the Civil Surgeon but the RC and EO was not satisfied about the genuineness of the land -lord's need. He accordingly rejected his application. Thereafter the land -lord once again went up in revision before the Commr. The Commr. also rejected his revision. Then he approached the State Govt. Under Sec. 7 -F of the Act. The State Govt. has allowed the application of the land -lord, has set aside the orders of the Commr. and the RC and EO and has granted the permission to the land -lord to institute a suit for the ejectment of the Petitioner. The Petitioner is aggrieved and has challenged the order of the State Govt. in this petition Under Article 226 of the Constitution.
(2.) The impugned order has been challenged on two grounds : (i) that the State Govt. has not taken into consideration the need of the Petitioner and has merely confined itself to the need of the land -lord; and (2) that the impugned order is baled upon extraneous material and as such, is vitiated.
(3.) I shall take up the second point first.;