Natural justice in rent control revision: affected tenant must be heard before revisional order on eviction permission

The State Government's revisional power under section 7-F of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 had to be exercised consistently with natural justice because permission to sue for eviction under section 3 withdrew a tenant's statutory protection and affected valuable rights. The Act's scheme, including scrutiny under sections 3(2) and 3(3), showed a quasi-judicial process requiring reasons and a fair hearing. The affected tenant was therefore entitled to a reasonable opportunity to be heard before any revisional order was made. An order passed without such hearing was invalid.

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Issues: Whether the State Government, while exercising revisional power under section 7-F of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947, was required to hear the affected tenant before passing an order affecting permission to sue for eviction.

Analysis: The statutory scheme showed that permission to sue for eviction under section 3 withdrew a tenant's protection and therefore affected valuable statutory rights. The Act provided a hierarchy of scrutiny under sections 3(2) and 3(3), including revision by the Commissioner on correctness, legality, propriety, and regularity of proceedings, which indicated a quasi-judicial process requiring reasons and a hearing. Section 7-F, which enabled the State Government to make such order as appeared necessary for the ends of justice, had to be read in the same framework. In view of the subject matter and the nature of the rights affected, the power could not be exercised consistently with fairness unless both sides were given a reasonable opportunity to present their case.

Conclusion: The State Government's revisional order under section 7-F was required to conform to the principles of natural justice, and the failure to hear the affected respondents rendered the order invalid.

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