CHIMANDAS BAGOMAL SINDHI Vs. JOGESHWAR

JUDGEMENT

(1.) This appeal raises a short question about the construction of Cls. 23, 24 and 24-A in the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter called the Order) Jogeshwar s/o Parmanand Bhishikar (hereinafter called the respondent) owns a house known as the Bhishikar Bhawan in Nagpur. Block No. 2A had been let out by him to a firm known as the Dayalbagh Stores for carrying on business. Since the tenant was in arrears as to rent, the respondent obtained from the Rent Control authorities permission to terminate the said tenancy. Meanwhile, the tenant intimated to the respondent by telegram on July 24, 1955 that it had vacated the said premises on that day. Prior to the receipt of this telegram. However, the appellant Chimandas Bagomal Sindhi had made an application to the Addl. Dy. Commissioner, Nagpur, on July 15, 1955, that the premises occupied by the said tenant were likely to fall vacant, and prayed that the same should be allotted to him as he was a displaced person within the meaning of the Order. The Addl. D.C. passed an Order of provisional allotment in favour of the appellant on the same day and since then, the appellant has been in possession of the said premises.

(2.) The respondent them came to know about the said provisional allotment and gave intimation to the Addl. D. C. that he needed the premises for his own purposes, and so, he moved for the cancellation of the said provisional allotment Order. On July 23, 1956, the Addl. D. C. purporting to exercise his powers under Cl. 23(1) of the Order confirmed the provisional allotment in favour of the appellant.

(3.) The respondent then moved the Nagpur High Court by a writ petition No. 307 of 1955 for cancellation of the said Order. On April 10, 1956, Mr. Justice Bhutt set aside the Order of allotment and remanded the case for disposal in accordance with law. That is how the first stage of this dispute came to an end.