Judgement

BACHAWAT, J. : The appellant is the tenant and respondents Nos. 2 and 3 are the landlords of non-residential accommodation in it part of a building in Mohalla Bulanala in the city of Varanasi. Respondent No. 1 is the allottee of the accommodation. Respondent No. 5 is the Assistant Rent Control and Eviction Officer Varanasi, authorised by the District Magistrate to perform his functions under the U. P. (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter referred to as the Act). On February 11, 1956 the landlords obtained a decree for ejectment of the tenant from the accommodation. As the tenant was about to vacate the accommodation, on February 20, 1957, respondent No. 5 passed order under S. 7 (2) of the Act directing the landlords to let the accommodation to respondent No. 1. On February as, 1957, the landlords and the tenant agreed that the tenant would continue to occupy the accommodation at an enhanced rent and would be liable to eviction in execution of the decree for ejectment in the event of his failing to pay the outstanding arrears of rent in certain stated instalments. As the tenant failed to pay the agreed instalments of rent, on May 21, 1957, the la