ABINASH CHANDRA SAMANTA PROP. OF M/S. STUDENTS FRIENDS Vs. COMMISSIONER, ALLAHABAD DIVISION, ALLAHABAD AND OTHERS

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution and arises out of the following circumstances:

(2.) Smt. Bunni Devi filed an application under Sec. 3 of the U.P. (Temporary) Control of Rent and Eviction Act (hereinafter called the Act) before the Rent Control and Eviction Officer praying that permission be granted to her to file a suit for ejectment against the petitioner from the shop in his occupation as it was needed for the business of one of her sons which she attributed to be her personal use. The petitioner filed an objection against the application of Smt. Bunni Devi and alleged that the same had not been made bona fide and that it was not maintainable at the instance of Smt. Bunni Devi on the ground of personal need as she was only a Mutwalli of the property and was not an owner thereof in her personal capacity. The Rent Control and Eviction Officer granted permission to Smt. Bunni Devi under Sec. 3 of the Act and held that the application was maintainable.

(3.) Aggrieved by the order passed by the Rent Control and Eviction Officer the petitioner went up in revision before the Commissioner, Allahabad. Before the revision could be heard the petitioner filed an application on 27th Aug., 1962 before the Commissioner for addition of certain grounds in the memo of revision. The learned Commissioner allowed the petitioner's application. When the revision came up for bearing on 4th Jan., 1963 a preliminary objection was raised on behalf of the petitioner that the application of Smt. Bunni Devi was not maintainable under Sec. 3 of the Act on the ground that the house in dispute was an endowed property and Smt. Bunni Devi could not claim permission to accommodate her son in the endowed shop as it would mean giving preference to one tenant at the cost of another tenant. After hearing the learned counsel for the petitioner the learned Commissioner rejected the preliminary objection. The revision was then heard on merits and was dismissed on 29th Jan., 1963. The petitioner, feeling aggrieved by the orders passed by the Rent Control and Eviction Officer and the Commissioner, Allahabad, has preferred this petition and has prayed that a writ of certiorari be issued and the orders dated 13th Aug., 1962 and 29th Jan., 1963 passed by the Rent Control and Eviction Officer and the Commissioner, Allahabad, respectively be quashed.