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, Dehra Dun, for a declaration that he was an allottee and a tenant of the shop and that he was in possession in that capacity. To that suit were impleaded Munni Devi and Kishorilal as party defendants. The trial Court held that Gokal Chand had at no time vacated the shop, nor was his tenancy terminated. He accordingly made an order declaring that Gokal Chand was an allottee and a tenant of the shop and was entitled to remain in occupation of the same. An appeal against that order to the District Court was dismissed. A second appeal to the High Court was also unsuccessful.

4. In this appeal with special leave, counsel for Munni Devi and Kishorilal urges that the order of the Civil Court was without jurisdiction. Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, imposes certain restrictions on eviction of tenants. By Section 7(1) (a) it is provided :

"Every landlord shall, within 7days after an accommodation becomes vacant by his ceasing to occupy it or by the tenant vacating it or otherwise ceasing to occupy it or by termination of a tenancy or by release from requisition or in any other manner what so ever, give notice of the vacancy in writing to the District Magistrate."

Sub-sections (2) and (3) of Section 7 provide :

"(2) The District Magistrate may by general or special order require a landlord to let or not to let to any person any accommodation which is or has fallen vacant or is about to fall vacant.

(3) No tenant shall sub-let any portion of the accommodation in his tenancy except with the permission in writing of the landlord and of the District Magistrate previously obtained."

Section 7A which was added by Act 24 of 1952 provides, in so far as it is material :

"(1) Where in pursuance of an order of the District Magistrate under sub-section (2) of Section 7, the vacancy of any accommodation is required to be reported and is not reported, or where an order requiring any accommodation to be let or not to be let has been duly passed under sub-section (2) of Section 7 and the District Magistrate believes or has reason to believe that any person has in contravention of the said order, occupied the accommodation or any part thereof, he may call upon the person in occupation to show cause, within a time to be fixed by him, why he should not be evicted therefrom :

Provided :

x x x x x x

"(2) If such person fails to appear in reply to the notice served under sub-section (1) or, if he appears but fails to satisfy the District Magistrate that the order under sub-section (2) of Section 7 was not duly passed and that he is entitled to remain in occupation of the accommodation, the District Magistrate may, without prejudice to any other action which may be taken against him under this Act or any other law for the time being in force, direct h