M.P. Saxena, J. - (1.) This is a petition under Article 226 and 227 of the Constitution of India. It has arisen under the following circumstances.
(2.) Shop No. 7-B Asltey Hall, Dehradun, was allotted to one Ram Saran on 5 6.1959. On 30.4.1971 opposite party No. 3 purchased it from the previous owner. On 16.6.1971 he moved an application under Section 7 of the U. P. Act III of 1947 alleging that Smt. Surnitra Malhotra was in illegal possession and the same be released in his favour. On 8.12.1971 notice under section 7-A was issued to her to show cause why she should not be evicted. She filed objections contending that she was not an illegal occupant.
(3.) According to her, Ved Prakash had become tenant of the shop after Ram Saran and on 19.11.1961 she entered into partnership with Ved Prakash. She also gave out that she was in possession of the shop with the consent of the landlord and was regularly paying rent. She claimed benefit of proviso second to Section 7-A. The case was heard by the Rent Control and Eviction Officer, Dehradun and 3.6.1972 was fixed for orders.;