( 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 ) KRISHNA Lal Mehra applied for the allotment of the premises 37/52, Gilis Bazar, on the 3rd october, 1955, and the District Magistrate passed the allotment order on the 7th October. The allotment order however specified the allotment to be with respect to the portion vacated by gauri Shanker Bhargava. On the application of" Shri Krishna Lal Mehra the District Magistrate corrected the allotment order and made it with respect to the entire house No. 37/52, Gilis bazar. . This was done on the 11th of October, 1955.

( 5 ) ON the 17th of October, 1955, N. C. Agarwala applied to the District Magistrate for the allotment of the portion in his possession as subtenant. On the 28th of October, 1955, the District magistrate modified his earlier order in favour of Krishna Lal Mehra with respect to the portion occupied by N. C. Agarwala as sub-tenant, and? allotted the portion occupied by Agarwala to him.

( 6 ) KRISHNA Lal Mehra then applied for the quashing of the order of the District Magistrate dated the 28th of October. The learned Judge quashed that order holding that the District Magistrate had no jurisdiction to split up the tenancy and to allot different portions to different persons without the consent of the landlord, Shri Agarwala has filed the special Appeal.

( 7 ) KRISHNA Lal Mehra stated in his affidavit that he had deposited one months rent with the landlord on the 12th October, 1955, and that he took over possession of almost the entire first floor on the 14th October. These statements are not admitted by N. C. Agarwala in his counter-affidavit. He however states that these dates have been mentioned to suit the convenience of the petitioner Krishna Lal Mehra and that of the two sub-tenants on the first floor one continued to be in possession till the 12th November, 1955, and the other till the 28th january, 1956. The Bench referring the two questions to the Full Bench did not express any opinion on these matters.

( 8 ) THE first question may however be split up and re-formulated thus:

"1 (a ). can a District Magistrate under Sub-section (2) of Section 7 of the U. P. (Temporary) control of Rent and Eviction Act (III of 1947) order the proprietor landlord to lot a portion of the accommodation to one person and the remaining portion of that accommodation to another person?

1 (b ). If the answer be in the affirmative can he order the proprietor landlord to let a portion of the accommodation to a person after he had ordered the landlord to let the entire accommodation to another person and the landlord and? that person had entered into a contract of tenancy with respect to the entire house. "

( 9 ) SUB-SECTION (1) of Section 7 of the Act requires the landlord and the tenant to intimate the vacancy of an accommodation to the District Magistrate within a cert