MASOOD AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS Special Ap peal arises out of proceedings under the U. P. (Temporary) Control of Rent and Eviction Act. The dispute relates to a cer tain shop at Kanpur. Rama Shankar Agar-wal, respondent No. 3, is the proprietor of the shop. At one time one Arif Husain oc cupied the shop as Rama Shankar's tenant. In July 1967 he transferred his business and goodwill in favour of Masood Ahmad, who is the appellant in this Special Appeal. Arif Husain died on 10-7-1967. Upon Arif Husain's death, the shop was occupied by Masood Ahmad. He applied for allotment of the shop in his name. On 21-10-1967 the Rent Control and Eviction Officer, Kanpur allotted the shop to Masood Ahmad.

(2.) RAMA Shankar Agarwal (land lord) went up in revision under S. 7-F of the Act. The revision was allowed by the State Government on 12.3.1968. The order of allotment in Masood Ahmad's favour was set aside; and the accommodation was re leased in favour of the landlord.

(3.) WE have seen that Masood Ah mad had applied for allotment of the shop in his favour. The landlord also applied for release of the shop in his favour. That ap plication bears the date 24.8.1967. The Rent Control and Eviction Officer, Kanpur, took the view that that application for re lease was received long after the allotment order was passed in Masood Ahmad's name. The officer reported that the application for release was not received in his office till 13.12.1967. According to the landlord, the application for release was despatched on 24.8.1967. On the other hand, according to the appellant and respondent No. 2, the application for release was not received in the office of respondent No. 2 till 13.12. 1967. The question, therefore, arises whe ther the application for release was despat ched by the landlord in August 1967 as con tended by him or in December, 1967 as urged by the appellant.