SHYAMO DEI Vs. DURGA PRASAD MUKHTAR AND OTHERS

JUDGEMENT

(1.) This is an appeal by Smt. Shyamo Devi, landlady, to challenge the order of the learned Single Judge, who allowed the writ petition of Durga Prasad Mukhtar, respondent No. 1, and quashed the order of the State' Government under Sec. 7-F of the U. P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to be as the Act) and also the order of the Additional Commissioner passed, in the revision under Sec. 3(3). of the Act,

(2.) The material facts of the cafe are that Smt. Shyamo Devi moved an application under Sec. 3 of the Act before the District Magistrate for the grant of permission to sue for the ejectment of the tenant Durga Prasad Mukhtar. The application was opposed by the tenant and was dismissed. The appellant then preferred a revision before the Commissioner which was allowed by the Additional Com-missioner under circler dated. 6-12-1965 (Annexure II to the writ petition). The tenant moved the State Government under Sec. 7-F, but unsuccessfully. He then moved the High Court under Art. 226 of the Constitution to challenge the orders of the Additional Commissioner and the State Government. The writ petition was moved on the 1st of May, 1968 when the appellant was directed until further orders not to institute the suit for ejectment. The injunction order was served on the landlady on 26-5-1968. Meanwhile, the landlady instituted a civil suit on 21-5-1968 'for the ejectment of the tenon. However on 22-8-1968 further proceedings in the suit. were stayed.

(3.) The learned Single Judge has quashed the orders of the State Government and 'the Additional Commissioner on Iwo grounds : Firstly, that the Additional .Commissioner had not considered the comparative needs of the tenant and, secondly, while dismissing the application under Sec. 7-F the State Government did not, disclose reasons for taking that view. The learned Single Judge has quashed the orders and remanded the revision for a fresh hearing by the Additional Corn?