Mehrotra, J. - (1.) The petitioners Nos. 1 and 2 were the landlords and owners of house No. 15, Lukerganj, Allahabad, and the petitioner No. 3 was the tenant. One of the portions of the house was in the tenancy of one Sri Laitoo. According to the petitioners Laitoo made several defaults in the payment of rent and litigation was going on between him and the landlords. The other portion of the house was allotted to the petitioner No. 3, on or about th 7th of January, 1955 and he occupied the portion in pursuance of the allotment order. The petitioner No. 3 was employed under the Controller of Defence Accounts and was transferred out of Allahabad but the assertion of the petitioners is that the family of the petitioner No. 3 continued to live in the accommodation in question and the rent was regularly paid by or on his behalf to the petitioners Nos. 1 and 2. The opposite party No. 2 was a tenant in a portion of the house No. 14, Lukerganj, Allahabad and the present petitioners Nos. 1 and 2 were the owners of that house. Several defaults were committed by him in the payment of rent and steps had to be taken by the petitioners Nos. 1 and 2 for the recovery of rent from him. The house No. 14 was later on sold by the petitioners Nos. 1 and 2 to one Pt. Rama Kant and the opposite party No. 2 continued to be in the tenancy of that house and he also committed further defaults in the payment of rent to Pt. Rama Kant. In July, 1956 Pt. Rama Kant however persuaded him to vacate his house and the opposite party No. 2 vacated it. He then applied for the allotment of the portion of 15, Lukergarnj, which stood allotted in the name of the petitioner No. 3 on the ground that it was vacant, although according to the petitioners the family of the petitioner No. 3 was in its occupation. On the 31st of July, 1956 a copy of the allotment order obtained by the opposite party No. 2 regarding the portion in dispute and which was in the tenancy of the petitioner No. 3 was served on the petitioners Nos. 1 and 2. The petitioners intended to file their objections but it is asserted by the petitioners that Sri R.D. Sharma broke open the door and occupied a portion of the accommodation in respect of which he had obtained the allotment order. Thereafter objections were filed by the petitioners Nos. 1 and 2 and the Rent Control and Eviction Officer instead of taking any auction on the said objections issued notice to the petitioners Nos. 1, 2 and to appear before him on 24-8-1956 for determination of rent of the accommodation allotted to the opposite party No. 2. The petitioners Nos. 1 and 2 were so far getting rent from the petitioner No. 3 at Rs. 45 per mensem. According to the petitioners there was thus no justification in passing the allotment order in favour of the opposite party No. 2 when there was no vacancy and the premises were in the occupation of the tenant's family. On these facts the present petition has been filed for the following reliefs:- (a) That a writ in the nature of certiorari be issued quashing the allotment order dated the 30th of July 1956; and (b) a writ of mandamus be issued commanding the opposite parties to restore the status quo ante and to put the petitioner No 3 in possession of the entire portion allotted to him and continuing in his tenancy. It was further prayed that the opposite party No. 1 be directed not to proceed further with the proceedings for determination of rent and further proceedings for the enforcement of the allotment order dated the 3th of July, 1956 be quashed.
(2.) Notices were issued to the opposite parties, the Area Rationing Officer (Rent Control) Allahabad and Sri R.D. Sharma, and a counter-affidavit has been filed on behalf of the opposite party No. 2.
(3.) In the counter affidavit it is stated that house No. 15, Lukerganj, has two tenements, both belonging to the petitioners Nos. 1 and 2. In the northern tenements some tenants have been living while the southern portion fell vacant as the allottee Sri Kasturi Lal Sharma (the petitioner No. 3) was transferred to Meerut. On coming to know of the vacancy an application was made by him for the allotment of this portion on the the 27th July, 1956 to the District Magistrate. On the 30th of July, 1956 the Rent Control and Eviction Officer passed the order of allotment which was duly served on the landlord and the opposite party No. 2 states that he took possession of the southern tenement on the 31st of July, 1956 except one room. This one room was discovered to be occupied by one Sri Kashi Nath Pande, a dismissed Sub-Inspector of Police. Kashi Nath Pande refused to vacate the room unlawfully occupied by him and on the 1st of August, 1956 an application was given by the contesting opposite party No. 2 to the Rent Control and Eviction Officer or getting that room vacated through the help of Police. Notice was sent to Kashi Nath Pande and was affixed on the 2nd of August, 1956. As a precautionary measure another notice was sent to Kashi Nath Pande on the 6th of August, 1956 which was affixed on the 7th of August, 1956. It is asserted by the opposite party No. 2 that Kashi Nath Pande had brought some ladies from Meerut of the family of Sri Kasturi Lal Sharma as on the 16th of August, 1956 when a notice under Section 7-A(3) was sent by the Rent Control and Eviction Officer one Raj Kumari Sharma signed that notice for Kashi Nath Pande. On the 21st of August, 1956 when the police went to get the room vacated Sri Kashi Nath Pande, who was virtually living in that one room, stated orally to the police that he was not living in it and the police took back the order to the Rent Control and Eviction Officer for further directions. Thereafter the Rent Control and Eviction Officer directed the police to evict Raj Kumari Sharma and another lady Smt. Tara Bai who were subsequently found living in that one room. The opposite party No. 2 asserts that he had been living in three rooms out of four allotted to him and on the 22nd of August, 1956 the police evicted the occupants from the room occupied by Kashi Nath Pande. The family of Kasturi Lal Sharma never resided in the portion allotted to him and all this has been manipulated by Kashi Nath Pande, a dismissed Sub-inspector of Police. As against the petitioners Nos. 1 and 2 it is stated that they were trying to sell the houses Nos. 13, 14, 15 and 16, Lukerganj, and for that purpose as the prospective buyers wanted to get vacant possession the landlords attempted to get vacant possession by any process. Only one room was in the occupation of Kashi Nath Pande and Kashi Nath Pande was getting his letters at the same address, and no member of Kasturi Lal Sharma's family was living in any portion of the house. It is further asserted that Smt. Shanta Sharma had been brought from Sonepat (Punjab) merely to lend support to the design of the landlord and Kashi Nath Pande. She is a married lady and has no reason to be living at 15 Lukerganj, Allahabad, when her husband is living in Sonepat.;