V. D. BHARGAVA, J.

( 1 ) THIS is a special appeal against the decision of a learned single judge of this Court in a second appeal filed by the plaintiff, who had filed a suit for injunction restraining the defendant No. 2, ram Khelawan, from obtaining possession of the room in dispute, under an allotment order passed in his favour by the Rent Control and Eviction Officer, Lucknow, and an order of permanent injunction restraining the Rent Control and Eviction Officer, defendant No. 1, from enforcing the order of allotment in favour of Ram Khelawan.

( 2 ) THE suit was dismissed by both the courts below as well as by the learned single Judge. Hence this special appeal.

( 3 ) THE plaintiff, Abban Saheb, came on the allegation that he. was the owner of a certain house of which the room in dispute was a part. He was in occupation of the entire house except this room. It has previously been let out to one Nand Kishore about 12 or 13 years back from the date of the suit. After some protracted litigation the appellant was able to get a decree of ejectment as against Nand Kishore and after execution of the decree he obtained actual possession of the room on 13-8- 1950.

( 4 ) ON the next day.

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