ORDER :- This is a criminal revision case filed against the conviction and sentence of the learned Sub Divisional Magistrate of Koilpatti in C. C. No. 50 of 1952.

2. The facts are : There is no dispute that a valid licence had been issued under the Madras Cloth Dealers Control Order in the name of Ramaswami Aiyar, the undivided father of the petitioner herein. It is also clear that the father and son were carrying on business as a joint family concern. This licence was renewed upto 1951. Ramaswami Iyer died in April 1950. In these circumstances the petitioner herein, the son of Ramaswami Aiyar had been prosecuted for selling M. Os. 1 to 5 to a hawker P.W. 1, viz, under S. 7 of the Essential Supplies (Temporary Powers) Act, 1946, for contravening clause 4(1) of the Madras Cloth Dealers Control Order, 1948.

3. The case for the accused was set out in his written statement as follows :

"My deceased father and myself were carrying on the firm Messrs. Ramaswami Iyer. My father died about the month of April 1950 having already applied for the renewal of the licence for April to September 1950. Subsequent to his demise I presented a petition in person to the authorities intimating t