SURENDRA NATH KOLEY Vs. A R SINCLAIR DAY

JUDGEMENT

(1.) This is an application for issue of notice of contempt against Mr. A. R. Sinclair pay, District Magistrate of Banaras, and Mr. Krishna Narain Johiri, Assistant Bent Controller and Eviction Officer, Banaras. There is a house No. D47/192 in Ramapura, "Banaras City; The house had been allotted by the Deputy Town Rationing Officer to one Mr. J. S. Misra, Assistant Engineer, P. W. D. Banaras, on 19th July 1947. The house had been under certain previous orders allotted to other persons but we are not concerned with the orders previous to the order dated 19th July 1947. Mr. Misra was transferred from Banaras and the Assistant Bent Controller and Eviction Officer, Mr. K. N. Johiri, purported to allot the house to Mr. D. Goyal, Assistant Engineer, P. W. D. Banaras, who was probably the successor of Mr. Misra. The landlord, who is the applicant before me, protested against the allotment of the house to Mr. Goyal on the ground that Mr. Goyal was already living with his wife, who was a teacher in the Banaras Hindu University, and on certain other grounds with which we are not concerned. The landlord applicant followed this up by a Suit No. 346 of 1949 filed in the Court of the City Munsif of Banaras on 25th May 1949. The opposite parties, Messrs. A. R. Sinclair Day and K. N. Johiri, were impleaded in that suit as defendants a and 3. It was alleged in the plaint that the United Provinces (Temporary) Control of Rent and Eviction Act (III [3] of 1947), as amended by Act XLV [45] of 1948, was not applicable and the order of allotment was null and void. One of the reliefs claimed in the plaint was that defendants 2 and 3 be restrained by injunction from "interfering in any way by order or otherwise with house No. D47/192, Rampura." On the day that the suit was filed an application was made for the issue of an injunction and the learned Munsif issued a temporary injunction in the words of the relief and restrained defendants 2 and 3 from "interfering in any way by order or otherwise with house, premises No. D47/192, Ramapura, Banaras city." This injunction application came up for final hearing after service of notice on the defendants on 2nd June 1949, and the order was vacated by the Munsif.

(2.) It is, however, alleged that this order vacating the temporary injunction wag passed at 1 P. M. and at 10 O'clock the tenant Mr. J. S. Misra, who had been in occupation of the house from 1947, vacated it and some police constables and the senior inspector of the rent control department immediately locked the; house and took possession of the keys. The learned Munsif was moved under Order 39, Rule 2, Civil P. C., to take proceedings for contempt for disobedience of the order of injunction The Munsif, however, did not take any action and dismissed the application, it is said, on the ground that the injunction application had been dismissed and it was not necessary to take any proceedings. This application has now been filed under Act XII [12] of 1926.

(3.) Learned counsel for the applicant has urged that the applicant wanted that the house should not be allotted to anyone else and when Mr. Misra vacated the premises the applicant should be able to get possession thereof and the action of the police constables and the senior inspector of the rent control department in locking the house and taking possession of the keys amounted to their taking forcible possession of the house. It is further alleged that the constables and the senior inspector acted under the orders of the opposite parties Messrs. Sinclair Day and Johiri.