SHANKER LAL CHATURVEDI Vs. GINNIA DEVI PODDAR

JUDGEMENT

(1.) This special appeal has been filed against the decision of a learned Single Judge whereby he quashed an order of the State Government dated 20.6.1967 by which it allowed a revision under Section 7-F of the U.P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to as the Act) filed by the tenant, who has appealed before us.

(2.) Sita Ram Poddar who is dead, and is represented by his widow Shrimati Ginnia Devi Poddar and his son Chunni Lal Poddar, filed an application for permission under Section 3 of the Act. The permission was granted by the Rent Control and Eviction Officer by his order dated 10.1.1966. The tenant-appellant filed a revision which was dismissed by the Commissioner by his order dated 30.3.1966. A revision was thereafter filed by the appellant before the State Government and the State Government by its order dated 20.6.1967 allowed the revision and dismissed the application of the landlord-respondent seeking permission to file a suit for ejectment. The learned Single Judge did not go into the merits of the controversy. He based his decision on two grounds; the first being that the Deputy Minister concerned did not apply his mind to the case, inasmuch as it appeared that he had only initiated the report given by the Officer on Special Duty and secondly that Sri B.N. Chaturvedi who is respondent No. 5 before us, and was the Officer who gave a report in the case, was related to the tenant Shankar Lal Chaturvedi, and that being so, it was possible that a misguided decision had been given upon a perusal of the "purposive note". We purpose to consider the second ground on which the petition has been allowed by the learned Single Judge.

(3.) In paragraph 16 of the petition, it was alleged that Sri B.N. Chaturvedi was related to the appellant and also that he had been brought up and educated by the appellant. In an application filed by the tenant before the State Government for the case being transferred to some other officer (Annexure "F" to the supplementary affidavit filed in the writ petition), it was settled that Sri B.N. Chaturvedi was closely related to Sri Shanker Lal Chaturvedi, and was recently present in the marriage party of Sri Shankar Lal Chaturvedi's relative on 11th, 12th and 13th May, 1967 at Kanpur and that both Sri B.N. Chaturvedi and Sri Shanker Lal Chaturvedi had very good and close relations. This fact was denied by Sri B.N. Chaturvedi in paragraph 3 of his counter-affidavit. In the supplementary counter-affidavit filed by him it was, however stated that the daughter of Sri Prem Nath, who was his brother, was married to the son of the deceased brother of Sri Shanker Lal Chaturvedi the appellant but that this fact had no bearing on the facts of the present case. In respect of the relationship of Sri Dinesh, it was stated that the daughter of his cousin Sri Madhuri Saran was married to Sri Dinesh, but he was not aware of as to whether Sri Dinesh was related to Sri Shanker Lal Chaturvedi, or that he was employed in the firm of Sri Shanker Lal Chaturvedi. Even if the relationship between Sri Dinesh and the daughter of Sri Madhuri Saran who happened to be the cousin of Sri B.N. Chaturvedi is not taken into account, it is clear from the contents of paragraph 3 of the supplementary counter affidavit, that the daughter of Sri Prem Nath, who is the brother of Sri B.N. Chaturvedi is married to the son of the deceased brother of Sri Shanker Lal Chaturvedi. Thus it is clear that Sri B.N. Chaturvedi, who was the officer on Special Duty and who submitted the report which was accepted by the Deputy Minister concerned, was related to Sri Shankar Lal Chaturvedi. The question arises as to whether the relationship that existed between Sri B.N. Chaturvedi and Sri Shankar Lal Chaturvedi would vitiate the order passed by the Deputy Minister. No bias has been alleged against the Deputy Minister who passed the order and the question is as to whether the order passed by the State Government stand vitiated on the ground that Sri B.N. Chaturvedi who was related to the tenant Shankar Lal Chaturvedi assisted in the decision making process, by putting up a report before the Minister concerned.