A deficiency of natural justice before a trial tribunal cannot be cured by sufficiency of natural justice before an appellate tribunal.

( 1 ) IN this writ petition a question of general and of unusual importance is raised. The question may formulated as under. "can a deficiency is of a natural justice before a trial tribunal be cured by sufficiency of natural justice before an appellate tribunal"? The facts relating to that issue are as under-

( 2 ) THE premises known "t. R. Stall" in the civil aerodrome at Begumpet is owned by Aviation department of the Central Government. T. R. Stall was leased out to M/s. Jyoti Book stall on a rent of Rs. 1,107. 00 per mensem. The lease expired on September 1977. The tenant did not vacate the premises. The estate officer, the second respondent served on the tenant a notice on 30/11/1977 under Section 4 of the public premises (Eviction of Unauthorised Occupants) Act 40 of 1971 and in that it was recited the tenant after the expiry of the lease continued to remain in the premises as unauthorised occupant and was asked to show cause why he should not be evicted under Act 40 of 1977. G. Lakshmipathi, the proprietor of Jyothi Book stall submitted objections in his representation on 11/12/1977. The Estates officer by the order dated 15/12/1977 direct the Jyoti Book stall to vacate the premises within thirty days from the date of service of the order for it was mentioned that the occupant was called upon to show cause and "there was no response" from the occupant. The order of eviction was assailed in appeal in C. M. A. No. 2 of 1978 before the appellate authority. On 14/04/1978 G. Lakshmipathi died. The window, the son and the two daughters of the deceased were brought on record as legal representatives (the four of them are the writ petitioners ). In the course of the appeal per order in I. A. N. 235 of 1978 additional evidence was adduced. P. W. 1, the son of Lakshmipathi was examined. Exs. A1 and A2 were marked as additional evidence in appeal. Ex. A1 was the explanation or representation submitted on 11/12/1977 to the show case notice dated 30/11/1977. Ex. A2 is the postal acknowledgement showing the Estates Officer had received the explanation of the tenant. The appellate authority in C. M. A. No. 2 of 1978, on the basis of evidence recorded, held the show cause notice issued to the occupant, an explanation (A-1) was submitted to the Estates Officer and observed:-"the remark made by the first respondent (the Estates Officer) is undoubtedly erroneous. It therefore follows that the requirements of considering the explanation submitted by the first appellant and affording him a reasonable opportunity of being heard as contemplated under Section 5 of the Act before the impugned order was passed were not complied with by the first respondent. "

( 3 ) HAVING so held the appellate authority, on the merits of objections,, held there was nothing which the Estates Officer would have considered" and affirmed the order dated 6/07/1978 (the impugned order ). . . . . . . the order of eviction passed by the Estates Officer.

( 4 ) THE writ petitioners seek to assail the order (in C. M. A. No. 2 of 1978 on 6/07/1978) and aver that the lease was renewed by the aerodrome officer, the third respondent, who had issued Bill No. 9046 dated 24/10/1977 for October, 1977 for tthe sums of Rs. 1,107. 00 being the rent and Rs. 55-35 towards conservancy charges and two other bills issued on 24/10/1977 for Rs. 50. 00 and Rupees 3. 75 for the month of October, 1977; the former was for electricity charges and the later for water charges. The spouse of the deceased averred that the bills were paid and receipts were obtained. The lease was renewed. The tenancy, it is averred, is subsisting. The occupant was a tenant in the premises and not unauthorised occupant. The representation on Deem. 11, 1977 (A-1) was received by the Executive Officer and notwithstanding the acknowledgment Ex. A-2, in the order passed by the second respondent under section five of the said Act, a false recital is made that no representation was received. The order of the a