MOHAN LAL KHATTRI Vs. RABINDRANATH MITRA ADVOCATE HIGH COURT ALLAHABAD AND ANOTHER
HIGH COURT OF ALLAHABAD
Mohan Lal Khattri
Rabindranath Mitra Advocate High Court Allahabad And Another
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J. Sahai, J. -
(1.)This special appeal is directed against the judgment of D.S. Mathur, J. dated 28.4.1961, allowing writ petition No. 2629 of 1959 filed by the Respondent No. 1, Sri. Rabindra Nath Mitra, an Advocate practicing in this Court (hereinafter referred to a Mitra)
(2.)From the year 1948 Mitra has been occupying a part of bungalow No. l2, Stanley Road, Allahabad, as tenant. Originally one SC Mukerji was the owner landlord of the bungalow. Sometime in June 1934 he sold the bungalow to Sri Mohan Lal Khattri (hereinafte referred to as Khattri) Respondent No. 2 in the writ petition and the appellant before us. On 15.2.1956, Khattri mad an application Under Sec. 3 of the U.P. (Temp Control of Rent and Eviction Act hereinafter referred to as the Act) to the DM, Allahabad seeking permission to sue Mitra for ejectment from the bungalow on the ground that he required the accommodation for his own us. The application came up for hearing before the Addl. Distt. Magistrate, w(sic) was exercising defeated powers under the Act, and by means of the order dated 21.5.1956 he dismissed the application. Khattri filed a revision application before the Commissioner, Allahabad Division, which was heard by the Addl. Commr. The revision application was also dismissed on 22.12.1956. Thereafter Khattri moved the State Government under the provisions of Sec. 7F of the Act. The State Government without sending for the stcord of the case granted the necessary permission.
(3.)That permission of the State Government was challenged in writ petition No. 2406 of 1957. James, J., who heard the petition allowed the same. The operative portion of the order of James, J. reads:
Accordingly I allow this petition with costs, quash the State Government's order dated 22.8.1957, and direct Mr. Khattri to refrain from filing any eviction suit against Mr. Mitra. If any suit has already been filled it shall stand dismissed." James, J. allowed the writ petition on the ground that the State Government had not sent for the record before passing the impugned order.
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