Mehrotra, J. - (1.) THIS is an application under Article 226 of the Constitution praying that the orders dated 23rd of March, 1955 and 10th of May, 1955 made by the District Magistrate of Kanpur be quashed and further, that the orders of the Rent Control and Eviction Officer dated 7th May, 1952, 18th May, 1955 and 16th June, 1955 be also quashed.
(2.) QUARTER No. 3 in premises No. K.N. 85, Om Nagar Kanpur fell vacant on the ejectment of opposite party No. 3, Jwala Prasad, on the 28th of March, 1952 but on the 1st April, (sic) the said quarter was allotted to one Sri B.B.L. Nigam who occupied it. It appears that a complaint was made by the opposite party No. 3 to the Rent Control and Eviction Officer that Sri Nigam was not occupying the quarter and ultimately the allotment order in favour of Sri B.B.L. Nigam was quashed. On the 7th May, 1952, the allotment was thereafter again made in favour of Jwala Prasad. After allotment in favour of Jwala Prasad, proceedings for the ejectment of Sri B.B.L. Nigam were taken under Section 7 -A of the Control of Rent and Eviction Act and he was ordered to be ejected. A civil suit was filed by Sri B.B.L. Nigam for a permanent injunction restraining Jwala Prasad from interfering with his possession over the quarter. The trial court dismissed the suit but on appeal the suit was decreed. A second appeal was filed in this Court on behalf of Jwala Prasad. On the 30th of May, 1955 Sri B.B.L. Nigam vacated it and an application was made by the applicant Ram Krishna for allotment of the said quarter in his favour. The premises were then allotted to Ram Krishna on the 1st August, 1953 but he did not occupy the premises and an application was then made by the present applicant Ram Chandra for allotment of the quarter. The landlord consented to the allotment in his favour as the previous allottee Ram Krishna had not occupied the premises. On the 18th September, 1953, the Rent Control and Eviction Officer, Kanpur allotted the premises to the applicant. The applicant, thereafter, entered into possession of the premises. The second appeal filed by Jwala Prasad came up for decision before this Court and on the 21st of September, 1954 the appeal was allowed as the counsel for Sri B.B.L. Nigam stated that his client had vacated the premises and, therefore, he had no interest in the appeal and there was no objection to appeal being allowed. On the aforesaid statement of the counsel for Sri. B.B.L. Nigam, the appeal was allowed by this Court. The order of the lower appellate court granting injunction to Sri B.B.L. Nigam was set aside. After the appeal had been allowed by this Court, an application was made by Jwala prasad, opposite party No. 3, on the 23rd of March, 1955 to the District Magistrate praying for the cancellation of the allotment order passed in favour of the applicant. The District Magistrate on tte 15th of May, 1955, passed the following order: Please cancel allotment made in favour of Sri Ram Chandra Singh. Allotment in favour of Sri Jwala Pd. shall stand. After instructions by the District Magistrate, the Rent Control and Eviction Officer on the 18th of May, 1955, passed the following order: Allotment in favour of Ram Chandra Singh is cancelled who is in occupation of the premises.
(3.) AFTER cancelling the allotment order passed in favour of the applicant, an order was passed under Section 7 -A of the Control of Rent and Eviction Act by the Rent Control and Eviction Officer on the 17th June, 1955 ordering the ejectment of the applicant. The Rent Control and Eviction Officer, on the 17th June, 1955, observed that "the quarter was allotted to Jwala Prasad on the 7th of May, 1952 and orders under Section 7 -A(3) of the Act were passed to put the allottee into possession. A stay order had been brought by the opposite party from this Court. The order has now been vacated. Possession was ordered to be delivered to the allottee Jwala Prasad immediately after evicting Ram Chandra Singh".;