( 1 ) THIS is an application praying that the order of allotment of a shop situate in Mohalla shahamatganj in the city of Bareilly, made by the Rent Control and Eviction Officer on 12-9-1951, in favour of Krishna Kumar, opposite party 2, be quashed. The facts briefly stated are as follows : the shop in dispute is a tin shed with wooden structures. It is on a plot -of land which along with three other shops and a go-down is owned by several persons. Two of these co-sharers, viz. , naqshe Ali and Mashooq Ali were admittedly occupying the disputed shop and were carrying on kirana business. It appears that they suspended their business sometime in July or August 1951. Several persons came forward to get an allotment of the shop in the expectation that Naqshe Ali and Mashooq Ali would vacate it. The first person to come forward was one Kalloomal. He made an application for allotment with the concurrence of Naqshe Ali and Mashooq Ali on 4-8-1951. On 21-8-1951, Lachman Das applicant applied for its allotment. On 24-8-1951 lachman Das made a second application for allotment. On 27-8-1951 Krishna Kumar made a similar application. This application was made with the consent of Na