S.S. Dhavan, J. - (1.) This is a petition under Article 226 of the Constitution impugning the legality of an order of the Rent Control and Eviction Officer, Morada-bad, dated 28th July, 1956, directing the petitioner to vacate a particular shop in Moradabad or in default, directing his eviction by the use of Police force.
(2.) The case of the petitioner as stated in the affidavit supporting the petition is this: One Smt. Sundaria was the tenant of shop No. 22, Railway road, Moradabad for a long time. The petitioner entered into partnership with her in May, 1955, and ever since that date he and Smt. Sundaria were in joint possession. She died on 2nd May 1958 leaving a son Balbir. The petitioner continued the partnership with Balbir and has been in possession of the shop. The partners are running a hotel business there.
(3.) The Rent Control and Eviction Officer served a notice on the petitioner under Section 7-A of the U. P. (Temporary) Control of Rent and Eviction Act. The petitioner was not given any opportunity to prod'uce evidence in the ensuing proceedings. By his order dated 28th July, 1956, the Rent Control and Eviction Officer declared the petitioner an illegal occupant and directed him to vacate the shop, or in default directed his eviction by the use of Police force. The petitioner filed a revision before the Commissioner of Bareilly, which was rejected. The petitioner states that he is still in possession of the shop and he is in imminent danger of being evicted. Aggrieved by the order of the Rent Control and Eviction Officer the petitioner has filed the present petition.;