MALIK, CJ. :- There is no force in this writ application and it must fail. This application has been filed against an allotment order made by the Town Rationing Officer of Allahabad allotting the ground-floor of a certain premises to the opposite party No. 2, Narbada Prasad. The house was rented out in two portions, the ground-floor being in the occupation of one Ram Autar and the upper portion being in the occupation of another tenant. The landlord was living in another house at some distance from this house. The landlord filed a suit No. 485 of 1949 under S. 3 of the U.P. Temporary Control of Rent and Eviction Act, 1947, and obtained a decree. In execution of the decree Ram Autar was ejected in April 1953. After the ejectment of Ram Autar, the ground-floor became vacant and it could be allotted to a tenant under the Rent Control, and Eviction Act. The applicant, however, took possession of the premises and after the allotment order was made by the Town Rationing Officer on 4-5-1953, he raised certain objections which were disallowed and he has now filed this writ petition.

2. Learned counsel for the applicant has raised two points : Firstly, that the Rent Control and Evic