1. This is a plaintiff's appeal from a concurrent decree of the dismissal of his suit for a declaration that he was a tenant of the defendant in the premises in suit.

2. It appears that northern part of the premises belonging to the defendant was let by an order dated 26-10-1957 in the name of five persons. One of the five allottees Daulatram vacated the part of the premises occupied by him. The plaintiff Sajjan Singh thereupon made an application for allotment of the portion so vacated by Daulatram. This was opposed by defendant landlord Rameshwar Sahai. However, the Rent Control and Eviction Officer passed the necessary order on 31-8-1960 purporting to make an allotment in favour of the plaintiff limiting the period of occupancy to three months. It may be mentioned that the plaintiff had taken possession of the portion vacated by Daulatram much earlier in anticipation of the allotment. The Rent Control and Eviction Officer seems to have regularised that occupation to avoid inconvenience to the plaintiff in the rainy season if he were asked to vacate. The plaintiff was directed to find out some alternative accommodation for himself. The plaintiff, however, did not vacate the accomm