Judgment

MATHEW, J.: - This is an appeal, by special leave from a judgment and decree of the High Court of Allahabad, setting aside a decree Passed by the Small Causes Court Agra reversing the decree passed by the Additional Munsiff holding that the order of allotment of the premises in question to the appellant was illegal and ultra vires.

2. The facts of the case are these. There are two shops owned by one Genda Puri (hereinafter called the landlord,) in Agra City. One Kedarnath Tandon ( Tandon for short) was a tenant of these shops till September 1966, Tandon intimated to the Rent Control and Eviction Officer, Agra ("Rent Control Officer" for short) on 12-9-66 that he has vacated the shops and delivered possession of the same to the landlord. The rent of the shops was also paid by Tandon to the landlord upto that date sometime before 20-9-1966. The 1st respondent who got into possession of the shops after Tandon vacated the same, made an application in the prescribed form with the express consent of the landlord to the Rent Control Officer for allotment to him of the two shops on 19-9-1966. On 15-11-1966 the landlord revoked his consent for allotment of the shops to the 1st resp