D.N. Roy, J. - (1.) THE applicants Gokulnath and Jogendranath had been convicted for breach of the U.P. Control of Rent and Eviction Act, No. III of 1947, as amended by Act No. XLIV of 1948, and were sentenced by the Magistrate to certain term of simple imprisonment and also to fine. In appeal the learned Additional Sessions Judge of Mathura maintained the conviction, but reduced the sentence to one of fine alone.
(2.) THE charge against the applicants was that they, as owners of a shop situate in Bindraban, failed to give proper notice to the authorities of the shop having been vacated by the tenant; and they further let out the shop to another tenant without the accommodation having been allotted by the authorities to such tenants. It was contended on behalf of the prosecution that by such act the two accused contravened the provisions of Paragraphs 4 and 5 of the Mathura District Control of Letting of Accommodation Order, 1951, framed and promulgated by the District Magistrate of Mathura under the provisions of Section 7 of the U.P. Control of Rent and Eviction Act of 1947, as amended by the Act of 1948. It is not disputed that Gokulnath and Jogendranath have been the landlords or owners of the shop in question. The findings of the courts below were, and those findings must for the purposes of this revision be accepted as correct, that the shop had been occupied previously by another tenant and when that tenant vacated the shop, notice of the vacation had not been given by the landlords to the Rent Control Officer; and further that it was Gokulnath alone who had subsequently let out the shop to another tenant without proper allotment having been made by the Rent Control Officer. The question which arises for determination in the present case is whether upon those proved facts the applicants can be held guilty for breach of the provisions contained in Paragraphs 4 and 5 of the Order framed by the District Magistrate of Mathura known as the Mathura District Control of Letting of Accommodation Order, (sic), dated the 12rh of March, 1951, and whether the contravention of those provisions can be punished under Section 8 of the Act.
(3.) A copy of the aforesaid order dated the 12th of March, 1951, is on the record and is marked Ex. P -6. The preamble of that Order says that: Notice of this Order shall be given by publication in any one or more of the following manners: (1) By announcement by loud speakers throughout the limits of Municipalities of Mathura, Vrindaban and Kosi Kalan and Town Area Goverdhan; (2) by publication in the local papers; (3) by affixation of copies on the Notice -Boards at Collectorate and other important places. (4) By issuing copies of this Order to the public.;