BRIJ MOHAN LALL, J.:- One of the shops on the ground floor of house No.40/-1, Parade, Kanpur, fell vacant in the first week of June 1951. Several persons including Mahabir Prasad (petitioner) and Bansidhar (opposite party No.3) were desirous of taking the shop on rent. They applied for allotment to the Rent Control and Eviction Officer who, according to the common case of the parties, is a person authorised by the District Magistrate to perform his functions under the Rent Control and Eviction Act (3 of 1947), and is, therefore, a "District Magistrate" within the meaning of the term as defined in S.2 (d) of the Act.

The Rent Control arid Eviction Officer allotted the shop in question to the petitioner on 14-6-51. Bansidhar, however, managed to occupy the shop. This occupation was obviously unauthorised.

2. The Rent Control and Eviction Officer took steps under S.7A of the Act and passed an order for Bansidhars eviction. The latter went up in revision to the Commissioner, Allahabad cum-Jhansi division but the latter by his order dated 4-10-1952 dismissed the said revision.

3. Having failed before the executive authorities, Bansidhar turned to civil Courts and instituted a suit