JUDGMENT : This is a special appeal against the judgment of a learned single Judge allowing a writ petition filed by Shamsher Bahadur, respondent No. 1, and quashing the order of the State Government passed under S. 7-A of the U. P. Control of Rent and Eviction Act, 1947 (hereinafter referred to as the Act) and granting certain consequential reliefs.

2. Firm Ganesh Das Ram Gopal, respondent No. 3, is the proprietor of a building known as Halwasiya Court situate at Hazratganj Lucknow. The ground floor of this building consisted of a big hall and two small shops. The big hall was in the occupation of respondent No. 3 but the two shops had been rented out. After the tenants of the two shops vacated them the respondent No. 3 demolished the partition walls and included the shops also in the hall. The original building had admittedly been constructed long before the Act came into force. It appears that the respondent No. 3, after the modification of the accommodation, did not desire to occupy it itself and wanted to let it out. The respondent No. 3 did not, as required by S. 7(1) of the Act, give intimation of the vacancy or intended vacancy to the Rent Control and Eviction Officer and th

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