JUDGMENT

M. C. Desai, C.J. - This is an appeal from a judgment of our brother Sharma quashing by certiorari an order passed by the District Magistrate under Sec. 7 (2) of the U.P. (Temporary) Control of Rent and Eviction Act calling upon the respondent landlord of an accommodation to let it to the appellant. Previously the appellants own brother, who is cited as respondent No. 3, was the tenant of the accommodation and the landlord started proceedings for his ejectment under Sec. 7-B on account of his being in arrears of rent. The tenant contested the proceedings on the ground that the respondent was not the owner of the accommodation but failed and ultimately a Munsif on 23-1-1962 passed an order under Sec. 7-B (5) for the tenants eviction and sent it to the District Magistrate for execution. It is not known what exactly the District Magistrate did on receipt of the order in order to execute it but he did not put the respondent in possession of the accommodation. On 27-1-1962 the tenant informed the Munsif and the District Magistrate that he had vacated the accommodation; he only said that he had vacated the accommodation and not that he had delivered possession over it to the resp