Mahavir Singh, J. - (1.) The petitioner was an applicant for allotment of a shop No. 28/30, Kashmir Bazar Agra. In his application dated 16.4.1969 he had alleged that actually he alone was in possession of the shop in question for a number of years and so his possession be regularised.
(2.) An enquiry was held by the Rent Control and Eviction Officer through the Rent Control Inspector. He by his report dated 22.4.1969 found the applicant to be in possession as properietor of M/s. Pas & Company paying Rs. 60/- p.m. as rent but it was in the name of Liaqat Husain, the original tenant. On 25.4.69 an allotment order was passed by the District Supply Officer in favour of the applicant.
(3.) On 1.7.69 Hari Shanker Lal predecessor of the contesting respondents 4 to 8 moved an application for cancellation of the allotment order. He alleged that he was the owner of the premises in question and that Liaqat Hussain respondent No. 3 was in possession thereof as a tenant ; that Liaqat Husain informed that he was doing business under the name and style of M/s. Das & Company ; that he wanted him to vacate the premises. He continued to promise to do so but in the meanwhile the applicant got the shop allotted in his favour by concealing the facts ; that no opportunity was given to him (Landlord) to make an application for release or to prove his need and that even the name of the tenant was not mentioned in the application for allotment ; that all through the rent receipts was given in the name of the tenant who never had given intimation to him or to the landlord about the alleged vacancy and that actually he needed the accommodation for his own use.;