BISHAMBHAR NATH SAXENA Vs. DISTRICT MAGISTRATE AND ORS

JUDGEMENT

(1.) This is a special appeal against a judgment of a learned single Judge of this Court rejecting a writ petition. The case arises under U.P. (Temporary) Control of Rent and Eviction Act.

(2.) The Appellant is the proprietor of a cinema building, and of a power house situated in the compound of the cinema building in the town of Orai. On 1-1-1947 the cinema building was let out for a period of five years to one Sri L.N. Seth who carried on a cinema business under the name of Sri Govind Talkies. Before the expiry of the lease Sri L.N. Seth sub-let the cinema building to Sri Raghubir Singh Arora, brother of opposite party No. 3, Mahabir Singh Arora. On the expiry of the term of the lease the Appellant filed suit No. 404 of 1952 for possession over the building by ejectment of the lessees and for recovery of a sum of Rs. 5,000 for arrears of rent. The suit was decreed and on 25-3-53 the Appellant obtained delivery of possession over the building in execution of the decree. Since that time the Appellant has been in possession of the cinema building. He was already in possession of the power house.

(3.) On 31-3-1953 the Appellant applied to the Rent Control and Eviction Officer, who is arrayed as Respondent No. 2, for alloting the said cinema house to himself as he wanted to run the cinema of his own therein. The Rent Control and Eviction Officer accordingly passed an order of allotment in the Appellant's favour on 18 5-1953.