Dayal, J. - (1.) The following two questions have been referred for decision to us: "(1) Can a District Magistrate under Section 7(2) of the U. P. (Temporary) Control of Rent and Eviction Act (III of 1947) order the proprietor landlord to let a portion of the accommodation to the person who occupied it as a sub-tenant of the tenant-in-chief after the tenant-in-chief has been ejected and the landlord has been ordered to let the entire accommodation to a new tenant and the new tenant and the landlord have entered into a contract of tenancy with respect to the whole house? (2) Can the new tenant object to the subsequent order of allotment in favour of the previous sub-tenant if he (the new tenant) had not entered into procession of the portion of accommodation allotted to the sub-tenant?"
(2.) The admitted facts of the case are that the proprietor of premises No. 37/52, Gilis Bazar, Kanpur let them to Gauri Shanker Bhargava and obtained a decree of ejectment against his tenant, This decree was executed on the 4th of October 1955.
(3.) Gauri Shanker Bhargava had let certain, portions of these premises to other persons as sub-tenants, one of such sub-tenants was N.C. Agarwala.;