PRITPAL SINGH Vs. DISTRICT MAGISTRATE KANPUR

JUDGEMENT

(1.) THIS petition arises out of proceedings under the U.P. (Temporary) Control of Rent and Eviction Act, 1947 (herein after referred to as the Act).

(2.) THE petitioners are brothers. Their family consists of them selves, their 3 brothers, one of whom is married and their parents. The father of the petitioners, Sardar Ishar Singh, along with his wife and 5 sons, had been living in a flat of a'building known as 'Kunj Bihari Palace' situated in Kaushalpuri, at Kanpur, for the last about 15 years. This accommodation, according to the petitioners, was neither enough nor suitable for their requirements and when one of their brothers, Jaspal Singh, get married, he had to hire a separate flat in Swaroopnagar at Kanpur at a rental of Rs. 200.00 per month. Sardar Ishar Singh purchased House No. 71164 Swaroop Nagar, Kan pur.

(3.) THE Dis trict Supply Officer heard the arguments and passed order dated Sep tember 30, 1971 rejecting the application of the petitioners for the re lease of the house in their favour. The petitioners thereupon filed the present writ petition and a Bench of this Court passed an art interim order directing the respondents not to allot the house until further orders. In the meantime the Financial Corporation vacated the house and its possession was delivered to the petitioners. It has been alleged that at about mid night on that very day a large number of policemen along with P.A.C. came and tried to dislodge the peti tioners forcibly. The petitioners have challenged the order of the District Supply Officer dated September 30, 1971 rejecting their re lease application.