( 1 ) THE following question has been referred to this Bencn for its opinion:-" whether a contract of tenancy of an accommodation governed by the U. P. (Temporary)Control of Rent and EVICtion Act entered into by a landlord with a person on payment of rent by latter, for the purpose of carrying on business in the accommodation, in violation of a general or special order issued by the District Magistrate concerned under Section 7 (2), is void under section 10 read with Section 23 of the Contract Act". Respondent No. 2 is the owner of a shop governed by the U. P. (Temporary) Control of Rent and eviction Act, 194/ and had let it out to Sharma Provision Stores. On 1-2-52 respondent No. 1 who will be referred to as the respondent hereinafter, purchased the goodwill, goods and effects of Sharma Provision Stores and continued business in the shop under the style "sharma provision Stores". The appellant represented to the District Magistrate that the shop had fallen vacant and on 20-2-1952 obtained from him an order under Section 7 (2) of the Act (known popularly as "allotment order") calling upon the landlord to let it out to him. Thereupon the respondent instituted the suit g