( 1 ) THE following two questions have been referred for decision to us:

" (1) Can a District Magistrate under Section 7 (2) of the U. P. (Temporary) Control of Rent and eviction Act (III of 1947) order the proprietor landlord to let a portion of the accommodation to the person who occupied it as a sub-tenant of the tenant-in-chief after the tenant-in-chief has been ejected and the landlord has been ordered to let the entire accommodation to a new tenant and the new tenant and the landlord have entered into a contract of tenancy with respect to the whole house? (2) Can the new tenant object to the subsequent order of allotment in favour of the previous sub-tenant if he (the new tenant) had not entered into procession of the portion of accommodation allotted to the sub-tenant?"

( 2 ) THE admitted facts of the case are that the proprietor of premises No. 37/52, Gilis Bazar, kanpur let them to Gauri Shanker Bhargava and obtained a decree of ejectment against his tenant, This decree was executed on the 4th of October 1955.

( 3 ) GAURI Shanker Bhargava had let certain, portions of these premises to other persons as sub-tenants, one of such sub-tenants was N. C. Agarwala.

( 4 ) K