JUDGMENT

G.D. Sahgal, J. - There is a house No. 227 in Mohalla Mahajani Tola in the city of Faizabad of which the appellants are the owners. They were in the occupation of a portion of that house, whereas a portion of it had been let out to one Roshan Lal Gulati. The appellants had succeeded to the ownership of the building from one Ram Adhin Singh and, according to the allegations in the petition filed by them before this Court, it was with the consent of Ram Adhin Singh that Gulati was inducted into the other portion of the building as a tenant. An application was moved by respondent No. 5 on the 23rd of April, 1962 before the District Magistrate for the allotment of the portion in the occupation of the said Gulati on the allegation that it had fallen vacant. An order was passed by the District Magistrate thereon directing that it be allotted to respondent No. 5. When the appellants came to know about it, they moved an application on the 26th of April, 1962 for the release of that portion on the ground that they required it for their own use. The application was rejected by the Rent Control and Eviction Officer, respondent No. 2, on the 8th of May, 1962 and on the 9th of May, 1962