G. C. MATHUR, J. : This is a special appeal against an order of a learned single judge allowing Writ Petition No. 1437 of 1957 and quashing the order of allotment dated March 27, 1957, the order dated April 1, 1957, under S. 7-A of the U.P. Control of Rent and Eviction Act (hereinafter referred to as the Act) made by the Rent Control and Eviction Officer, Pilibhit, and the order of the Commissioner dated May 9, 1957, in revision.

2. The respondent No. 1, Ram Narain Lal, in the owner, of a shop at Pilibhit. One Harish Bajpal was the tenant of this shop. The tenant vacated the same on or about December 30, 1956. Thereafter on January 5, 1957, the respondent landlord wrote to the Rent Control and Eviction Officer intimating that the shop had become vacant and asking that it be released in his favour. This application was received by the Rent Control and Eviction Officer on January 5, 1957. No allotment order was made by the Rent Control and Eviction Officer till March 27, 1957, when he allotted the shop in favour of respondent No. 2, Mohammad Shafi. In due course the Rent Control and Eviction Officer initiated proceedings under S. 7-A of the Act for the eviction of respondent