Summarize the following court judgment. Special Leave Petition (Civil) No. 6577 of 1988. From the Judgment and order dated 27.4.1988 of the High Court of Allahabad in C.M.W. No. 3777 of 1987. G.L. Sanghi and Manoj Prasad for the Petitioner. PG NO 278 The Judgment of the Court was delivered by SABYASACHI MUKHARJI	 J. This application for leave to appeal under Article 136 of the Constitution arises from the judgment and order of the High Court of Allahabad	 dated 27th April	 1988 by the judgment under challenge the Division Bench by majority directed the Addl. City Magistrate or the Officer at present exercising the power of Distt. Magistrate under Rule 10(9) of the U.P. Urban Buildings (Regulation of Letting	 Rent & Eviction) Rules 1972 to issue notice on all the five landlords mentioned in the petition within one week of the filing of the certified copy of the Order	 and thereafter to make an Order in accordance with law and in the light of the observations made in the said Judgment. The petitioner before the High Court	 who is the petitioner herein also	 was directed not to be dispossessed until disposal of the matter by the High Court. This application is by the tenant petitioner. The premises in question had five co owners	 namely	 Veeresh Saxena	 R.C. Saxena. D.C. Saxena	 Smt. Shanti Saxena and B.S. Saxena	 respondent No. 3. Until January	 1978	 Veeresh Saxena was in sole and exclusive actual physical possession of the shop and carried on business in it. In January	 1978 the present petitioner filed allotment application for the shop and he was the sole applicant. On 28.1.1978	 Veeresh Saxena vacated the shop and sent intimation of vacancy to the Rent Control Officer under the U.P. Urban Buildings (Regulation of Letting & Eviction) Act	 1972 (hereinafter called the Act). The Rent Control Officer	 then	 directed him to appear in the allotment proceedings The Inspector reported that Veeresh Saxena was found to be in possession of the shop	 discontinuing the business and was going to let out the shop. On the Inspector 's report being pasted on the Notice Board of the Rent Controller Office	 neither B.S. Saxena nor the other 3 co owners filed any objection. Veeresh Saxena filed an affidavit before the Rent Control Officer that he wanted to let out the shop to the petitioner. The 3 other co owners never objected to the petitioner`s tenancy on the allotment order throughout the last 10 years. The allotment letter was accordingly passed on 12th February	 1978. The possession was	 thereafter	 taken up	 it was alleged by the petitioner in the special leave petition. The petitioner had alleged that he had invested more than Rs.2 lakhs in the shop	 but B.S. Saxena. who was a non occupant owner	 on or about 25th February	 1978 filed an application under section 16(5) of the Act	 after 25 days of allotment	 for review of the Order. It was alleged by the petitioner that the evidence was overwhelmingly in support of the fact that he had taken PG NO 279 possession of the premises on or about 4/5th February	 1978. The Rent Controller	 however	 on the said application of B.S. Saxena allowed the review application and cancelled the allotment order. revision against the said order was filed before the learned Judge under section 18 of the Act. The learned Addl. Distt. Judge dismissed the revision. The petitioner	 thereafter	 filed a writ petition in the High Court of Allahabad . The question arose about the maintainability of the review application under section 16(5) of the Act. It is upon this point that the matter has been agitated before us. There was a difference of opinion about the maintainability of the review application at the instance of a non occupant owner and the matter was referred to a Bench of 3 learned Judges and by majority the Division Bench came to the conclusion that such an application was maintainable. The petitioner herein contends that the High Court was wrong in the view it took on the construction of Section 16(5)(b) of the Act. The relevant provisions of the said sub section read as follow: "(5)(a) Where the landlord or any other person claiming to be lawful occupant of the building or any part thereof comprised in the allotment or release order satisfies the District Magistrate that such order was not made in accordance with clause (a) or clause (b) as the case may be of sub section (I)	 the District Magistrate may review the order: Provided 1hat no application under this clause shall be entertained later than seven days after the eviction of such person . (b) Where the District Magistrate on review under this sub section sets aside or modifies his order of allotment or release	 he shall put or cause to be put the applicant	 if already evicted	 back into possession of the building	 and may for that purpose use or cause to be used such force as may be necessary. (6) x x x (7) Every order under this section shall subJect to any order made under sec. 18 be final. " PG NO 280 The contention is that a landlord who was not in actual physical possession until making of the allotment order or is evicted in pursuant thereof	 is not competent to make an application for review of the allotment order or release order under section 16(5)(a) & (b) of the Act. Admittedly	 as mentioned hereinbefore	 the respondent applicant was not in occupation when the Order was made. He was	 however	 indisputably a landlord. So	 the question is whether on the construction of the section	 a landlord who Is not in actual physical possession at the time of the release order	 is entitled under the law to apply for review of the order. The High Court held that he is entitled. We are of the opinion that the High Court was right. Section 16(5)(a) speaks of 'where the landlord or any other person '. Hence	there are two categories of persons contemplated i.e. a landlord	 or any other person. The requirement of sub section	 to be in lawful occupation of the building or any part thereof	 applies Only in case of Lany other person claiming to be in lawful occupation and not in case of landlord. The Section has used the expression ' or" and so the expression or is disjunctive of these two categories to be treated separately. Hence	 the requirement to be in lawful occupation. is not there in case of an application by the landlord. Mr. G.L. Sanghi	 learned counsel appearing for the tenant	 has sought to argue that by virtue of the proviso a landlord who was not in occupation	 was not entitled to apply. We are unable to accept this. The proviso puts an embargo of 7 days in making the application for review. It can only apply to those who were in lawful occuaption at the time of the making of the original Order. It cannot curtail the rights of the landlord	 as such	 it only affects any other person who was lawful occupation. In any event	 it is a well settled principle of construction that unless clearly indicated	 a proviso would not away substantive rights given by the Section or the sub section. A land lord has a right to the property. The Section should not be construed as to defeat the right to possession of property in appropriate cases unless the intention of the Legislature is manifest We find no such clear intention in the facts of this case. We are	 therefore	. of the opinion that the High Court came to the correct conclusion that a landlord	 even though not in actual physical possession at the time of the possession of the property. call ask for review of the order of release or allotment. It must be borne in mind that this view was also expressed by Mr. Justice N.D.Ojha	 as our learned brother then was	 in his judgment in Niren Kumar Das vs The District Judge	 Pilibhit & Ors.	 AIR 1977 Allahabad PG NO 281 47. We agree with that interpretation. In that view of the matter	 there is no substance in the contentions urged in the specil leave petition. The application is	 therefore	rejected. N.V.K. Petition dismissed.

The petitioner in the Special Leave Petition is the tenant	 Respondent No. 3 was one of the five co owners of the petition premises. On January 28	 1978	 one of the co owners who had sole possession of the shop vacated the shop and sent intimation of the vacancy to the Rent Controller under the U.P. Urban Buildings (Regulation of Letting and Eviction) Act	 1972. The petitioner filed allotment application for the said shop and he was the sole applicant. The Rent Control Officer directed the petitioner to appear in the allotment proceedings	 called for a report from the Inspector	 found one of the co owners to he in possession of the shop and that he had discontinued the business and was going to let out the shop. The 3 other co owners never objected to the petitioner 's tenancy on the allotment order. The allotment letter was accordingly passed on 12th February.1978	 and possession was taken up by the petitioner thereafter. On or about 25th February	 1978 the 3rd respondent who was a non occupant owner filed an application under section 16(5) of the Act i.e. after 25 days of the allotment	 for review of the order. The Rent Controller allowed the review application and cancelled the allotment order. The Additional District Judge having dismissed the revision petition	 the petitioner filed a writ petition in the High Court. The question about the maintainability of the review application under section 16(5) of the Act at the instance PG NO 276 PG NO 277 of a non occupant owner having arisen the matter was referred to a Full Bench and by a majority	 the Bench came to the conclusion that such an application was maintainable. Dismissing the Special Leave Petition	 HELD: 1. A landlord	 even though not in actual possession at the time of the possession of the property	 can ask for review of the order of release or allotment. [280G] 2. A landlord has a right to the property. The section should not be so construed as to defeat the right to possession of property in appropriate cases unless the intention of the Legislature is manifest. [280F] 3. Section 16(5)(a) speaks of 'where the landlord or any other person '. Hence	 two categories of persons are contemplated i.e. a land lord	 or any other person. [280C] 4. The requirement of the sub section	 to be in lawful occupation of the building or any part thereof	 applies only in case of any other person claiming to be in lawful occupation and not in case of landlord. The Section has used the expression "or" and so the expression "or" is disjunctive of these two categories to be treated separately. Hence	 the requirement to be in lawful occupation	 is not there is case of an application by the landlord. [280C D] 5. The proviso puts an embargo of 7 days in making the application for review. It can only apply to those who were in lawful occupation at the time of the making of the original Order. It cannot curtail the rights of the landlord. as such	 it only affects any other person who was in lawful occupation. [280E G] Niren Kumar Das vs 7he District Judge	 Pilibhit & Ors. AIR 1977 Allahabad 47	 approved.