R. Dayal, J. - (1.) This is a special appeal by Munnalal Goel and Smt. Ram Katori Goel against the order of Mr. Justice Mehrotra allowing the writ petition under Article 226 of the Constitution filed by Sri Sri Krishna and Sri Puran Chand Mehrotra, respondents 1 and 2 respectively.
(2.) The appellants are the owners of certain premises occupied by the aforesaid respondents. They applied to the Rent Control and Eviction Officer for permission to sue these respondents for ejectment under Sec. 3 of the U.P. (Temporary) Control of Rent and Eviction Act - hereinafter called the Act - on the allegation that they wanted those premises for Munnalal Goel's occupation in order that he might carry on his business there. The respondents contended that Munnalal Goel did not require the shop for the purpose alleged. The Rent Control and Eviction Officer after making enquiries rejected that application on the 31st January 1956.
(3.) The appellants did not then file a revision before the Commissioner under sub-Sec. (2) of Sec. 3 of the Act which they could do within thirty days from the communication of the order of the Rent Control and Eviction Officer to them. Instead Smt. Ram Katori, appellant No. 2, presented an application dated the 13th February 1956 to the District Magistrate Kanpur stating therein the circumstances of the family, denying that any request for enhancement of rent was made to the respondents and just stating that Munnalal Goel, her son, had applied to the Rent Control Officer but that application was decided in favour of the respondents on account of their wrong statement and ignorance of Munna Lal Goel. She prayed that her shop be got vacated and that thus justice be done and promised that she would not let it out on rent and that her son would carry on business in the shop. The District Magistrate sent this application to the Rent Control and Eviction Officer with the direction. "Please reconsider the matter after hearing the parties.";