Judgment

GUPTA, J.:- This appeal by special by special leave arises out of a proceeding under the UttarPradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (referred to hereinafter as the Act). On September 11,1973 the appellant applied under Section 16 (1) (a) for allotment of a part of house No. 98 Lokmanganj, Lucknow. He was in fact in occupation of this portion of the building when he made the application; according to the appellant he had been inducted as a tenant by a person representing that he was the owner of the house, though really he was himself a tenant. On November 24, 1973 the first respondent also applied for allotting the house to him. Subsequently there were two more applicants for the house. The Area Rationing Officer (Rent Control) by his order dated June 4, 1974 allotted the accommodation to the first respondent. The appellant before us preferred an appeal to the District Judge, Lucknow, who on August 7, 1974 allowed the appeal, set aside the order of allotment made in favour of the first respondent and remanded the case to the Area Rationing Officer (Rent Control) to be decided afresh in accordance with law.

2. The District Judge pointed