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1969 Supreme(All) 367

SATISH CHANDRA
K. L. Sehgal – Appellant
Versus
Commissioner, Allahabad Division, Allahabad – Respondent


Advocates appeared:
Mr. Kacker, Advocate, for the Petitioner; None, For the Respondent

JUDGMENT

Satish Chandra, J. - This petition under Article 226 of the Constitution prays that the order passed by the Commissioner, Allahabad Division, dismissing the petitioner's revision for default of appearance be quashed and the Commissioner be directed to hear the revision on merits.

2. The petitioner is a tenant of a portion of premises No. 7/152, Swarup Nagar, Kanpur since November, 1947. Dr. Kalindi Mitter, respondent No. 3, is the landlady. The landlady applied for permission under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act for filing a suit for ejectment of the petitioner from the premises in dispute. The Additional District Magistrate on 9th December, 1968 granted the requisite permission on the finding that the need of the landlady was more genuine and pressing than that of the tenant. The petitioner filed a revision under Section 3(2) of the Act before the Commissioner, Allahabad Division, on 14th December, 1968. The revision was fixed up for hearing at Allahabad on 25th February, 1969. The petitioner states that she had engaged three counsel at Allahabad for conducting her revision. The petitioner's counsel was informed that as the Commissioner

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