OMPRAKASH Vs. BANSIDHAR

JUDGEMENT

(1.) Omprakash and his father Gappuram have filed this application under Article 226 of the Constitution of India and Section 28 of the Rajasthan High Court Ordinance, with a prayer that all the proceedings by the Rent Controller, Jaipur, purporting to be taken under Section 10 of the Jaipur Rent Control Order, 1947- -hereinafter to be referred to as the Jaipur Order--and orders of the Rent Controller dated the 10th November and 17th November, 1949, and 3rd and 6th June, 1950 as well as the orders of the Collector dated the 4th April, and 2nd May, 1950 in connection with shop No. 231 situated in Chaura Rasta, Jaipur City, be quashed and a writ of prohibition be issued not to hand over the possession of the said shop to Bansidhar, opposite party No. 1, and the seal and lock put by the Rent Controller be removed and the possession of the shop be left to> the petitioners and also a writ of certiorari or any other proper order be issued for the above purposes.

(2.) This application has been filed against Bansidhar, who is the intending tenant of the shop Nathulal, the owner of the shop, the Rent Controller of Jaipur and the Collector of Jaipur.

(3.) The allegations of the petitioners are that they are members of a joint Hindu family and carry on a business under the name and style of Omprakash Gappuram for supplying ration and other articles to Sawai Man Guards (a Military Battalion of the former Jaipur State). They had been doing this business since 1939 and rented a shop No. 231 situated in Chaura Rasta, Jaipur City, from the opposite party No. 2 on 6th August 1944 for the said business. This shop contained five apartments. From 6th August, 1944 to April 1948 the shop was used for the purposes of the said business as well as other businesses of the petitioners. In April 1948 Sawai Man Guards left for Kashmir on active service and petitioner No. 2 remained with the said Unit in Kashmir while petitioner No. 1 remained in Jaipur. On the 9th July 1949 Sawai Man Guards returned from Kashmir and the petitioner No. 2 returned along with it. On 15th October 1949 the opposite party No. 1 filed an application before the Rent Controller that he had come back from Calcutta and wanted to carry on business at Jaipur. The shop in question, which was vacant, be therefore allotted to him. The Rent Controller without recording his satisfaction as required by Section 10 of the Jaipur Order and without issuing a notice as required by the said section sealed the shop on the 10th November, 1949 and without giving any proper opportunity to the petitioners allotted it to the opposite party No. 1 on the 17th November, 1949, although the date for hearing was fixed as 10th November 1949, Against this order the petitioners went in appeal to the Court of the Collector Jaipur, but he dismissed the appeal for default. An application was made for restoration of the appeal but it was also dismissed.