( 1 ) THIS is an appeal from an order of Mr. Justice Brij Mohan Lall dated the 9th February 1955 directing the issue of a writ of mandamus.

( 2 ) THE facts so far as they are necessary for the disposal of the appeal can be stated very shortly. On the 15th September 1954 certain premises in Kasganj belonging to the third respondent fell vacant and the first respondent applied forthwith to the Rent Control and Eviction Officer that they be allotted to him. This application was made with the approval of the landlord who endorsed his consent thereon. Three days later, on the 18th September, the landlord sent an intimation to the appellant, the Rent Control and Eviction Officer, under Section 7 (1) (a) of the u. P, (Temporary) Control of Rent and Eviction Act, 1947, that the premises had fallen vacant and requesting that they be allotted to the first respondent. No allotment was however then made, and on the 23rd October 1954 the landlord wrote to the appellant pointing out that 30 days had expired since intimation had been given to him of the vacancy without an allotment order having been made and repeating his request that the premises bo allotted to the first respondent.