Judgment

SHAH, J.- Gokal Chand - first respondent in this appeal - was a tenant of shop No. 34/2, Dispensary Road, Dehra Dun, which belongs to Munni Devi - the first appellant in this appeal. Munni Devi applied to the Rent Control and Eviction Officer, Dehra Dun, for an order in ejectment on the plea that Gokal Chand had committed default in paying rent. The R. C. & E. Officer passed an order observing that the tenant did not lead any evidence to show that he had not vacated the shop and it was clear on the evidence that the tenant was not in occupation of the shop and had let it out to one Alladia. He accordingly declared that the shop was vacant.

2. The Rent Control and Eviction Officer allotted the shop to Kishorilal. Kishorilal then applied to the Rent Control and Eviction Officer that the shop allotted to him was in the illegal occupation of Rawal Chand, son of Gokal Chand. On May 22, 1957, the Rent Control and Eviction Officer declared that Gokal Chand the previous tenant, had vacated the shop and the Rawal Chand was in illegal occupation of the shop. He accordingly issued notice under Section 7A (3) of the Ae.

3. Gokal Chand then filed a civil suit in the Court of the Munsif, D