P. L. BHARGAVA, J.

( 1 ) SHRI Puran Chand is the brother and general agent of Sm. Basanti Devi, who is the owner of a garden-house in Pilibhit. Attached to the garden house is a garage and a store room. As they are covered by the defintion of "accommodation" in S. 2 (a), U. P. (Temporary) Control of Rent and eviction Act, 1947, they will hereafter be referred to as the accommodation. In June 1947 the accommodation was, for the first time, let out on a monthly rental of Rs. 60 p. m. by Puran chand to the Hindustan Construction Company Ltd. , Pilibhit. On 17 3-1947, the Dist. Mag. of pilibhit had, under s. 7, sub-s. (l) of the Act, issued a general order requiring all landlords, i. e. , owners of house property within Pilibhit or Bisalpur Municipality to give intimation to the "town Rationing Officer", Pilibhit of any accommodation owned by them which had fallen vacant and prohibiting the letting of such accommodation to any person without his consent or that of the "t. R. O. ", Pilibhit.

( 2 ) IN the year 1948, when it was dissevered that the accommodation had been let out without the consent of the Dist. Mag. or the "t. R. O. ", Puran Chand and Basanti Devi were both prosecuted for

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