( 1 ) BOTH these applications arise out of allotment orders passed by the Bent Control and Eviction officer, Allahabad, in respect of a portion of house No. 83, K. P. Kacker Road, Allahabad. The facts briefly are as follows :

( 2 ) HOUSE No. 83, K. P. Kacker Road, Allahabad, is a big house. A portion of it was in the occupation of one Sri Sri Nath Pathak, advocate. It is said that Sri Sri Nath Pathak was building another house of his own, intended to shift in it and to vacate the portion in dispute occupied by him. Before, however, he had vacated the house, applications were made to the Rent Control and eviction Officer for its being allotted to the respective applicants. It appears that there were three applicants in the field. One was Badri Prasad Tripathi, the applicant in case No. 7815 of 1951. The second was one Sri Banwari Lal and there was a third applicant also. The Rent Control and eviction Officer passed an order on 12-3-51 allotting the portion occupied by Sri Sri Nath pathak to Badri Prasad Tripathi. According to Badri Prasad Tripathi, he occupied a portion of this portion on 19-3-1951 as Sri Sri Nath Pathak had vacated a portion of the portion in his occupa