Mukerji, J. - (1.) This is a petition by R.L. Benipuri, who had been allotted premises No. 189, Sri Ram Road, Lucknow, by an order of the Rent Control and Eviction Officer, dated 21st September, 1956. It appears that the petitioner was unable to get actual possession of the premises because the owner of the premises did not let the Petitioner get into possession. The possession was subsequently obtained with police assistance and the petitioner was put into possession on 29th September 1955.
(2.) One Madan Mohan Lal filed a suit in the court of the Munsif, Lucknow, praying that the Petitioner be restrained from taking possession of the house. The learned Munsif issued a temporary injunction, as was prayed for by the plaintiff of that suit, and this temporary injunction was served on the Petitioner on the 30th September, 1955. The petitioner contended before the Munsif that he had already taken possession of the premises and, therefore, there was no further occasion for issuing an injunction restraining him from taking possession. The learned Munsif appointed a Commissioner to go and find out as to whether or not the premises were in the petitioner's possession. The Commissioner visited the premises on the 30th September, 1955 at 4-30 p.m., and he made a report to the effect that the entire second floor was in the possession of the petitioner. He also appended two plans to his report to indicate the respective areas of the premises which were respectively in the possession of the petitioner and the plaintiff of that suit. The learned Munsif disposed of the injunction application on the 12th November, 1955, in terms of an agreement arrived at between the parties to that suit the agreement, which appears to have been arrived at between the parties, was that the status quo was to be maintained in regard to the possession in respect of the premises.
(3.) It appears that information was conveyed to the Rent Control and Eviction Officer that the petitioner had not been occupying the premises which had been allotted to him. On the 4th February 1956, the Rent Control and Eviction Officer ordered his Senior Inspector III to make an enquiry and find out what the position in regard to the premises was qua the occupation of the premises by the petitioner. The report was in due course submitted by the Senior Inspector and the report indicated that the petitioner did not reside in that portion of the premises which had been allotted to him but that one Tirath Ram was in occupation thereof. On the 10th February, 1956, the Rent Control and Eviction Officer issued a notice to the petitioner to show cause, within two days, as to why the allotment order in his favour should not be cancelled since, he had not been living in the house but someone else had been 'accommodated' there which was not legal. The petitioner put in a written reply to this notice on the 13th February, 1956, in which he stated that Madan Mohan Lal had bolted the main entrance door from inside and did not allow him to enter and occupy the premises, and that Madan Mohan Lal head really been defying the order of allotment. The petitioner also prayed that he may be put in possession of the allotted house. On the 17th February, 1956, another notice was issued to the petitioner from the office of the Town Rationing Officer calling upon the petitioner to attend his office at 2 p.m. on the 20th February, 1956, with necessary documents in order to support his contention. The petitioner did not appear before the Rent Control and Eviction Officer and therefore the Officer determined the question which he had to decide, namely whether the premises which had been allotted to the Petitioner had "become vacant," because the petitioner had ceased to occupy or was not occupying those premises. The Rent Control and Eviction Officer passed an order in these words : "Sri R.L. Benipuri has not appeared in spite of the notice served upon him. His application dated the 13th February, 1956 has been considered. The facts stated by him are not correct. This has been found on enquiry that he does not live in the house allotted to him and he is still living in his old house situated at Jadu Nath Sanyal Road, Lucknow. It appears that he is not using the house for in his residence in a bona fide manner and has misused the allotment order. The allotment order in his favour is, therefore, cancelled." On the basis of the aforequoted order the Rent Control and Eviction Officer formally passed an order cancelling the allotment on the 31st March 1956. On the 4th April, 1956, the petitioner was informed of this order.;