Judgment

GOSWAMI, J.:- This appeal by special leave at the instance of the State of Uttar Pradesh and the District Magistrate, Meerut (briefly the defendants) is directed against the judgment of the Allahabad High Court in Second Appeal No. 993 of 1960 whereby the High Court dismissed the same. The material facts are briefly as follows:

The sole respondent (hereinafter described as the plaintiff) instituted suit No. 678 of 1956 on July 16, 1956, praying for a permanent injunction against the defendants restraining them from recovering certain amount and from threatening to evict him from the 3/8th portion of the premises in suit in his occupation situated in Wright Gunj, Ghaziabad. The plaintiff describes himself as a duty allotted tenant of the portion of the house on a monthly rental of Rs. 4/4 of some time. He had offered the said rent, but neither the Government nor the owner of the premises accepted the same, when subsequently the District Magistrate wanted to eject him from the house, the plaintiff, by some arrangement, become the direct tenant of the landlord. The District Magistrate by a notice dated April 21, 1955, as stated therein, cancelled the allotment order "under whic