LALA SHRI BHAGWAN Vs. RAM CHAND

JUDGEMENT

(1.) The short question of law which arises in the appeal by special leave is whether the revisional order passed by the State Government of Uttar Pradesh under S. 7-F of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 (hereafter called the Act), is rendered invalid by reason of the fact that before passing the said order, the State Government did not hear the two respondents. Ram Chand and Kailash Chand, who were affected by it. This question arises in this way. The respondent are the present tenants of the premises bearing municipal No. 863, situated at Jumna Kinara Road, Agra, commonly known as Putaria Mahal. Their predecessors were let into possession as tenants by the appellants, Lala Shri Bhagwan and Shrimati Gapal Devi, on an agreement that they would pay a monthly rent of Rs. 58-4-0 and that tenancy would commence from the Sudi 1 of each Hindi month and end on Badi 15 of the next month . The two appellants applied to the Rent Controller and Eviction Officer (hereafter called the Officer), under S. 3 of the Act for permission to file a suit in ejectment against the predecessors-in-interest of the respondents. The officer granted permission by his order passed on September 1, 1951. The respondents then moved the Additional District Magistrate, who had been authorised by the District Magistrate to hear appeals against the decision of the Officer. The appellate authority declined to confirm the permission granted to the appellants and remanded the case to the Officer for a fresh hearing. On re-hearing the matter, the Officer changed his view and rejected the appellants' application for permission on August 9, 1952. The appellants then moved the appellate authority again and prayed that the original order granting permission to them to sue the respondents should be restored. On December 9, 1952, the appellate authority ordered that permission should be granted to the appellants for suing the respondents in ejectment. The respondents then moved the Commissioner of Agra in revision. On February 4, 1953, the revisional authority allowed the revisional application and set aside the appellate order granting permission to the appellants. That took the appellants to the State Government under Section 7-F of the Act. On May 7, 1953, the State Government directed the Commissioner to revise his order on the ground that it thought that the need of the appellants was genuine. Acting in pursuance of this direction, the Commissioner passed an order on July 28, 1953 by which he cancelled his previous order and confirmed the order passed by the appellate authority, granting permission to the appellants to sue the respondents in ejectment. This order was clearly the result of the direction issued by the State Government under S. 7-F of the Act. After this order was passed, the appellants sued the respondents in ejectment in the Court of the Civil Judge, Agra.

(2.) The claim made by the appellants for ejectment of the respondents was resisted by them on several grounds, and on the contentions raised by the respondents, the trial Court framed six issues. One of the issues was whether the permission granted to the appellant to sue the respondents was valid. It is with this issue that we are concerned in the present appeal. The trial Judge found in favour of the appellants on this issue and recorded his conclusion in their favour even on the other issues which had been framed by him. In the result, the trial Court passed a decree in favour of the appellants on August 31, 1957. The respondents challenged this decree by preferring an appeal in the Court of the First Additional Civil Judge, Agra. In their appeal, they disputed the correctness of the findings recorded by the trial Court on all the issues, including the issue about the validity of the sanction obtained by the appellants before filing the present suit. The appeal Court confirmed all the findings recorded by the trial Judge, with the result that the respondents' appeal was dismissed, on the 30th May, 1959.

(3.) The respondents then went to the Allahabad High Court by way of second appeal. The learned single Judge of the said High Court, who heard the said appeal, was called upon to consider the question as to whether the permission granted to the appellants was valid. That, in fact, was the only issue which was raised before him. The other issues which had been found in favour of the appellants were not raised before the learned Judge. On the issue as to the validity of the sanction obtained by the appellants, the learned Judge came to the conclusion that the said sanction was invalid inasmuch as the State Government in exercising its authority under S. 7-F of the Act, had not given an opportunity to the respondents to be heard. He took the view that in exercising its authority under S. 7-F, the State Government was required to decide the matter in revision in a quasijudicial manner and it was absolutely essential that the principles of natural justice should have been followed by the State Government before reaching its decision and an opportunity should have been given by it to the respondents to place their case before it.