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1971 Supreme(Online)(All) 29

ALLAHABAD HIGH COURT
N. J. Sinha, J
Smt. Sehgal – Appellant
Versus
Commissioner, Allahabad – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ravi Dhavan
For the Respondents: Mr. K. M. Dayal

1. The main question raised in this special appeal is whether a revision under S.3 of the U. P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to as the Act) can be dismissed in default. The matter relates to a certain house at Kanpur. Dr. (Smt.) Mitter is the owner of the house; and Smt. Sehgal occupied a portion of the house as Dr. (Smt.) Mifter's tenant. The landlady applied for permission under S.3 of the Act for eviction of the tenant. The Additional District Magistrate, Kanpur passed an order on 9-12-1968 granting the requisite permission to the landlady. The tenant filed a revision against the Additional District Magistrate's order granting permission. The Commissioner, Allahabad fixed the hearing of the revision at Kanpur on 19-3-1969. When the Commissioner took up the case at Kanpur on 19-3-1969, no one appeared before him on behalf or the tenant - revisionist. The Commissioner thereupon dismissed the tenant's revision in default.

2. Against the Commissioner's order dated 19-3-1969, Smt. Sehgal filed a writ petition. The writ petition has been dismissed by a single Judge of this Court. Smt. Sehgal has, therefore, filed the present special appeal.

3. The m
















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