Judgement

MATHEW, J.:- The appellants filed a petition under Article 226 of the Constitution before the High Court of Allahabad praying that the order passed by the State Government on October 20, 1967, allowing a revision filed by the respondent be quashed and possession of the premises in question be given to them under Section 7-A of the U. P. (Temporary) Control of the Rent and Eviction Act, 1947 (hereinafter called the Act).

2. The original owner of the premises was one Ram Swaroop Gupta. He leased the premises to M/s. Pioneer Exhibitors and Distributors Limited. They used the premises for exhibiting cinema. That lease terminated by efflux of time of June 30, 1952. Gupta, thereafter, leased the premises by a deed dated October 13, 1952 for a period of 10 years to Ram Agyan Singh, respondent No. 2. But there was no order allotting the accommodation to him under Section 7 (2) of the Act. Respondent No. 2 also used the premises for exhibiting cinematograph films. Disputes having arisen between the parties, Gupta filed suits for recovery of rent as well as for ejectment against respondent No. 2. The appellants purchased the premises in question from Ram Swaroop Gupta by a sale deed dated March 26, 1962. Thereafter they filed an application under Section 7 of the Act read with Rule 6 made under the Act for release of the accommodation in their favour. On December 3, 1965, the Additional District Magistrate allowed the application and permitted the appellants to take possession of the premises. That was on the basis that the premises were in illegal occupation of respondent No. 2. The representation against this order filed by respondent No. 2 to the State Government was rejected on January 10, 1966 on the ground that there was no provision for any interference by Government with the order. On December 4, 1965, the appellants filed an application for eviction of respondent No. 2 under Section 7-A of the Act. On June 18, 1966, the Additional District Magistrate directed issue of notice under clause (2) of Section 7-A, why respondent No. 2 should not be evicted. Thereafter, the Additional District Magistrate passed the order for eviction. Respondent No. 2 went up in revision against the order to the Additional Commissioner. He confirmed the order of the Additional District Magistrate. Respondent No. 2, thereafter, filed an application for revision under Section 7-F of the act before the State Government against the order. The State Government allowed that application on October 20, 1967 holding that respondent No. 2 was not liable to be evicted from the premises. On January 20, 1968, the State Government communicated to the parties a summary of the reasons on the basis of which the order had been passed. That in effect said that the respondent was running a cinema under a licence in the premises from 1953, that the District Magistrate, when he granted the licence, was satisfied that respondent No. 2 was in lawful occupation and that, in these circumstances, he was entitled to the benefit of the proviso to Section 7-A (1) of the Act and was not liable to be evicted from the premises.

3. It was to quash this order that the appellants filed the writ petition before the High Court.

4. A learned Single Judge of the Court quashed the order. Respondent No. 2 filed an appeal against the order The Division Bench reversed the order of the learned Single Judge. It is against this order that this appeal has been filed on the basis of a certificate granted under Article 133 (1) (b) of the Constitution.

5. The Division Bench was of the view that the learned Single Judge was not justified in interfering with the order passed by the State Government under Section 7-F of the act inasmuch as the order of the State Government did not suffer from any infirmity either on the ground that it has no jurisdiction to pass the order or for the reason that there was an error of law apparent on the face of the record.

6. The material provision in Section 7-A of th