( 1 ) THIS application has been presented on behalf of Sri Ram Narain Tewaris trust by his managing trustee, Har Narain Swami. The dispute relates to house No. 60/8 Purani Dal Mandi, kanpur. Of this house the trust is admittedly ther owner. According to the case put forward by the trust in the affidavit, which has been filed on behalf of it by Lokendra Bahadur, the pairokar of the trust, the trust was occupying a substantial portion of this house. The other portion was in the occupation of one Shyam Lal Yaid. He died and his nephew had to leave the house.

( 2 ) IT is necessary to go into the circumstances which compelled him to leave the house. On the house being vacated the trust started, according to the affidavit filed by it, immediately taking occupation : and wrote to the Rent Control and Eviction Officer on 10-9-1951, that it had started occupying the house. An application was also sent by the trust to the Rent Control and Eviction officer for the allotment of that portion to it. The Rent Control and Eviction Officer did not, however, allot that portion to the trust. An allotment order was, however, made by him in favour of opposite party No. 1 on the ground that th