Mootham, C.J. - (1.) I agree, but as we are differing from Bhargava J. I desire to state briefly my reasons for so doing.
(2.) The two important questions in this case are, firstly, whether the proviso which appears at the foot of Sub-section (1) of Section 7-A is limited in its application to that sub-section, and, secondly, whether the Rent Control and Eviction Officer could by his order dated 22-12-1952, revoke his earlier order of the 6-11-1952.
(3.) The proviso is in these terms: "Provided that no order under this section shall be passed if the District Magistrate is satisfied that there has been undue delay or it is otherwise inexpedient to do so." The proviso in terms empowers the District Magistrate to refrain from passing any order which he is empowered to make under Section 7-A if he think it inexpedient to do so, and the only difficulty in giving full effect to the proviso is due to the fact that it has been placed after Sub-section (1). I do not however think that this is a sufficient reason for restraining the application of the proviso to order which the District Magistrate is empowered to make under that sub-section. It appears to me that the necessity for vesting the District Magistrate with a discretion as to whether an order should be made is no less strong in the case of orders which he make under Sub-sections (2) and (3) than it is in respect of orders under Sub-section (1). Indeed it would appear more necessary, that he should have a discretion in deter mining whether a person should be directed to vacate certain premises or in ordering that a per-son be evicted from premises of which he is in occupation than he should have in deciding whether a notice to show cause should issue. In my opinion, the proviso is intended to be a proviso to the first three sub-sections of Section 7-A and not a proviso to Sub-section (1) alone. I agree therefore that the order made by the Rent Control and Eviction Officer on 6-11-1952, refusing to direct the appellant's eviction from the premises indispute was an order which he had jurisdiction to make.;