T.P.NAIK, J. - (1.)THIS is a petition under Article 226 of the Constitution for quashing the order of allotment in favour of Respondent No. 2 in respect of a house belonging to the Petitioner, i.e., Shri Radhakishan Temple, Sihora, the landlord.
(2.)THE petition came to be made in the following circumstances. One Vishnuprasad, a tenant of the premises in question, created a sub -tenancy in favour of Respondent No. 2, Dayal Chand, without the written consent of the landlord as required by Clause 12 -A of the Madhya Pradesh Letting of Housees and Rent Control Order, 1949. The landlord, therefore, applied for and obtained an order from the Rent Controller to determine the tenancy of Vishnuprasad. He then filed a civil suit (Civil Suit No. 4 -A of 1957) for his ejectment, in which he also joined Respondent No. 2, the sub -tenant, as a party Defendant.
During the pendency of the civil suit aforesaid, Respondent No. 2 on 25th April 1957 applied to the 'Rent Controller and Letting of Accommodation, Sihora' in writing (Annexure 6) for being allotted the premises in question on the ground that they were likely to fall vacant on the termination of Civil Suit No. 4 -A of 1957, and that he being a displaced person had a preferential claim to its tenancy. On 30th April 1957, the Rent Controller and House Allotment Officer, Sihora, passed the following order (Annexure 7):

(3.)WHEREAS information has been laid before me that the house No. 69 of ward No. 5 is likely to full vacant, it is allotted to refugee (displaced person) Shri Dayalchand son of Lala Doulat Ram under Clause 24 -A of the Rent Control Order on vacation on usual rent.