BRIJ KISHORE Vs. RENT CONTROL AND EVICTION OFFICER

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India, praying that a writ, order or direction in the nature of certiorari be issued to the opposite party No. 1, that is, the Rent control and Eviction Officer and Magistrate, Kanpur, and the order of allotment, dated the 4th of march, 1953, passed by opposite party No. 1 in favour of opposite parties Nos. 2 and 3, namely, the Annapurna Cafetaria, Kanpur, through the Secretary, District Food Advisory Committee, kanpur and Mrs. Rathore, President, District Pood Advisory Committee, Kanpur, be quashed.

(2.) THE facts leading to this application are :

(3.) THE applicants are the landlords of certain buildings in a compound with one municipal number 17/3 situated on the Mall, Kanpur. Of the various buildings on this land, one was let out to one Shri Uma Shankar Mehrotra, son of Shri Bhupat Prasad Mehrotra, several years ago, Shri uma Shankar Mehrotra, whose father Shri Bhupat Prasad Mehrotra carried on a business in the name of S. Varma in that portion of the accommodation, was in occupation of that portion on the 5th of March, 1953, when, according to the allegations in the affidavit filed in support of this application, opposite party No. 1, namely, the Rent Control and Eviction Officer and Magistrate, kanpur passed the allotment order under Section 7 of the U. P. (Temporary) Control of Rent and eviction (Amendment) Act (Act XLIV of 1948), ordering the applicants to let out the portion, previously occupied by Shri S. Varma, to the Annapurna Cafetaria, Kanpur. The landlord-applicants received this order on the 11th of March 1953.