Agarwala, J. - (1.) THIS is a special appeal against an order of a learned single Judge of this Court dismissing a writ petition. The facts, briefly stated, are as follows: The Appellant and his father and brothers reside in a joint family bungalow known as Rose Bank situated at Kanpur. The Appellant had another house No. 7/61 situated in Tilak Nagar, Kanpur, which was his own personal property. This latter house had been let out to two tenants one of whom was Sri D.R. Gambhir an employee of the Imperial Bank, Kanpur, and the other was Sri Badri Nath Sekhari a local business man of Kanpur. The Appellant's case was that there was a partition amongst the members of the Appellant's family with the result that the Appellant was not allotted any share in the bungalow known as Rose Bank and in lieu of his share he was given some cash compensation, and as such he was to vacate the portion occupied by him. He applied to the Rent Control and Eviction Officer for permission to sue the tenants of house No. 7/61 for their eviction, as he wanted the house for his own residence. This application was made on the 3rd January 1953, but remained pending for some time. In the month of February of the same year Sri D.R. Gambhir was put under orders of transfer from Kanpur to some other place, and on 18th February, 1953 the Agent of the Imperial Bank, Kanpur, wrote a letter to the Rent Control and Eviction Officer requesting him that on account of Sri Gambhir, the then occupant of the premises, being under orders of transfer, the premises may be allotted to Sri S.D. Varma, another employee of the Bank when Sri Gambhir vacates the same. The Rent Control and Eviction Officer replied that he would allot the house to a bank employee as the premises had been in occupation of one or another of the bank employee since July, 1950.
(2.) ON the 13th April, 1953 Sri D.R. Gambhir informed the Rent Control and Eviction Officer that he had been transferred and that the house had been vacated by him on that date. On the same date the Agent, Imperial Bank, wrote to the Rent Control and Eviction Officer asking him to allot the house to the Respondent Sri S.D. Verma as had been promised by him in his previous letter. On the same date the landlord also made an application to the Rent Control and Eviction Officer for allotment of the house to him on the ground that he needed it for his own residence because he had to vacate the Rose Bank and that he was not going to let it out to anybody else.
(3.) THE Rent Control and Eviction Officer passed two orders on the same date, one on the letter of the Agent, Imperial Bank, and the other on the landlord's application. On the letter of the Agent, Imperial Bank, he passed an order as follows: In view of my letter dated 18th February, 1953 it is desirable that this house should be allotted to a bank employee. Let (sic) be allotted to Sri S.D. Varma. Landlord's application rejected. Allotment order to issue accordingly.;