- (1.) This writ petition is directed against an order of the learned Addl. Commr., Alld. allowing a revision Under Section 7-A, UP (Temporary) Control of Rent and Eviction Act. Abdul Hamid is the Petitioner. Haji Abdul Shakoor is the principal opposite party. 1 he Petitioner's, Pairokar, Mohammad Ahmad has filed an affidavit. Haji Abdul Shakoor has filed a counter affidavit.
(2.) According to Mohammad Ahmad's affidavit, opposite party No. 3 (wrongly quoted in the affidavit as opposite party No. 4) is the landlord of certain premises in Kanpur City. These premises contain a godown largely occupied by hide merchants. The landlord is in occupation of another portion in the same premises, where he carried on the business of selling milk. At one time one Syed Ahmad was in possession of the godown. In May 1955 the landlord obtained an order from the Rent Control and Eviction Officer releasing the accommodation for his own use The godown remained locked up for a long time. The landlord was trying to let out the godown on a high rent. The Petitioner applied for allotment of the godown in his name. On l6-1-1956 the District Magistrate allotted the godown to the Petitioner.
(3.) But the Petitioner was unable to get possession over the godown. He, therefore, applied for assistance Under Section 7-A of UP Control of Rent and Eviction Act. A notice was issued to the landlord fixing on 28-2-1956 for hearing objection, if any. Instead of contesting the said notice, the landlord filed a revision before the Commr. of Alld. Div. The revision was disposed by the Addl. Commr. of Alld., on 28-4-1956. He allowed the revision, and set aside the order of the Rent Control and Eviction Officer. Abdul Hamid has therefore, filed the present writ petition for quashing the learned Addl. Commr.'s order dated 28-4-1956.;