( 1 ) AN interesting question arising for decision in this writ petition relates to the construction of sub-section (4) of section 9 of the Public Premises (Eviction of Unauthorised occupants) Act, 1958 [now corresponding to section 8 (4) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971] which is as follows :

"every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. "the question for consideration is whether an appeal preferred against the decision of an Estate Officer can, under section 9 (4), be dismissed for the default of the appellant or whether even if the appellant fails to appear when the appeal is called for hearing, the appellate officer is bound to decide the appeal on merits.

( 2 ) THE petitioner Dr. K. R. K. Talwar had been allotted eng 9-6-1953 government premises at 216, Kamla Market, New Delhi. It is not clear if a lease deed signed by the petitioner and also by the authorised officer on behalf of the President of India had been executed in respect of the premises. Dr. Talwar had an assistant called Shri H. Batra who worked in the same premises. Dr. Talwar appears to have been in l