MAJEED UDDIN Vs. GHULAM HASNAIN NAQVI AND OTHERS

JUDGEMENT

(1.) This is an appeal from an order of a learned Judge dated 17-12-59.

(2.) The first Respondent is the owner of a residential house of Nawab Yusuf Road, Allahabad, which is and has been in the occupation of the Appellant as the tenant of this Respondent since 1940. In 1958 the Respondent applied to the District Magistrate Under Sec. 3(1) of the UP (Temporary) Control of Rent and Eviction Act for per-mission to file a suit for the ejectment of the Appellant, but that application was rejected by an order dated 21-7-58, and an application for the revision of that order was dismissed by the Commissioner on 3-11-58. The first Respondent then filed a petition in this Court u/Art. 256 of the Constitution in which he challenged the validity of the orders of the Additional District Magistrate and the Commissioner and prayed that they be quashed. That petition was allowed and the relief sought was granted by the order which is the subject of this appeal.

(3.) The Respondent sought permission to file a suit for the ejectment of the Appellant on the ground that he required the house for his own residence. He said that he was living as a guest in that house of his father-in-law in the city, that as he had a large family that accommodation was insufficient and his relations with his father-in-law had become strained. It also appears that he wanted to provide accommodation for his son who would shortly be setting himself up as a legal practitioner. The application was opposed by the Appellant who is an Advocate. His case was that the Respondent's application was not genuine, his purpose in making the application being to compel the Appellant to agree to an increase of rent.