MATHUR, C. J. :- The learned Single Judge hearing the Second Appeal was of opinion that the Full Bench decision of this Court in Udhoo Dass v. Prem Prakash, 1963 All LJ 406 : (AIR 1964 All 1) (FB) requires reconsideration and, therefore, referred the following question for consideration by a larger Bench :-

"Whether a person to whom an accommodation governed by the U. P. (Temporary) Control of Rent and Eviction Act, 1947, has been let out by a landlord in contravention of a general order passed by the Magistrate under Section 7 of that Act, is liable to be proceeded against under Section 7-A at the instance of the person in whose favour an allotment order has been passed by the District Magistrate subsequent to the date on which the accommodation was unauthorisedly let out by the landlord to the former person."

The material facts of the case are that the previous tenant, Jamal Waris, was occupying the disputed shop situate in the city of Lucknow without any allotment order, i.e. an order of the District Magistrate under Section 7 (2) of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter referred to 'as the Act') and he vacated the accommodation on 2-6-