R.N. Gurtu, J. - (1.) In this case much to my regret I have to dismiss the writ petition for reasons which I will shortly explain.
(2.) The applicant was a tenant of house No. 7 Murlidhar Quarters, since 1943 up till the 13th February, 1957, when he was evicted by force under the provisions of Sec. 7-A (3) of the U. P. Control of Rent and Eviction Act.
(3.) The applicant is an employee in the Defence Department and on the 24th February 1955, he was transferred from Lucknow to Panagar, district Burdwan, West Bengal. It appears from his affidavit, which to my mind sets out the facts truthfully, that he left his family, children and his mother and household goods in the house. The members of the family used from time to time to go to Panagar, but it is apparent that they were still residing when not in Panagar in the house in question in Lucknow. When the applicant was ejected under Sec. 7-A (3) of the aforesaid Act, a list of articles on the premises was drawn up and these article were put in the possession of a supurdar. A perusal of that list will clearly show that essential articles of furniture etc., which are necessary for a person who is in occupation of an accommodation, were found on the premises, so much so that even condiments which are used in cooking were found. Such condiments one knows, are liable to get bad if they are stored and are normally bought in small quantities for daily use. This is well known. The circumstances under which the applicant was ejected by force are that a representation was made to the Rent Control authority that the accommodation in the possession of the applicant was vacant. Thereupon an allotment order was made by the Rent Control authority in favour of one Sri Ram Adhar Misra. After the allotment order a notice was sent under the provisions of Sec. 7-A (1) of the Control of Rent and Eviction Act to the applicant to appear and to satisfy the District Magistrate that the order of allotment was not duly passed and that he was entitled to remain in possession of the accommodation. The said notice in two days required the applicant to "show cause". The notice was actually served on the applicant on the 12th February, 1957. The applicant sent a wire on that date requesting the Rent Control authority to withhold proceedings and intimating that his family was reaching Lucknow immediately. The Rent Control authority after receiving the telegram passed an order on the 15th February, 1957, which runs as follows:- "Whereas your telegram dated the 12-2-1957 has been considered and rejected as you have once vacated the house cannot reoccupy it. You can remove your locks from the house and deliver its possession to the allottee Sri Ram Adhar Misra, under Sec. 7-A (2) of the Act within 24 hours of the receipt of this notice failing which the allottee will be put in possession of the same by such force as is considered necessary.";