JUDGMENT V. Bhargava and Satish Chandra, JJ. - The following question has been referred for our opinion by a learned single Judge:- "When an allotment order has been made in favour of the Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures, and he is the immediate officer in charge of the offices of Senior Marketing Inspector and Senior Inspector, Weights and Measures, does the allotment order, upon the abolition of that post, enure to the benefit of the Senior Marketing Inspector and the Senior Inspector, Weights and Measures?" Though in the referring order a number of facts have been mentioned, the facts necessary for answering this question are very few and they need only be mentioned. 2. The accommodation in dispute was allotted in the name of the Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures in his official capacity as such. It appears that on 6th of December, 1962, the then Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures vacated this accommodation, because the post was abolished, and it is claimed that the Senior Marketing Inspector and Senior Inspector, Weights and Measures, who was the immediate subordinate of the Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures was entitled to continue as a tenant in this accommodation by virtue of the allotment which had been made in favour of the Deputy Regional Marketing Officer. 3. An order of allotment, though described as such, is, in reality, an order made by a District Magistrate under sub-Sec. (2) of Sec. 7 of the U.P. (Temporary) Control of Rent and Eviction Act. In a case of this type, it is an order directing a landlord to let an accommodation in accordance with the order, which means that in this case there was an order by the District Magistrate directing the petitioner to let the accommodation in question to the Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures. The effect of compliance with that order was that a tenancy came into existence in which the petitioner became the landlord and the Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures became the tenant. The result of this tenancy was that the latter could continue to occupy these premises and use them in every way in which a tenant can legitimately do. He could use it for his residence or he could use it as his office. The result of this tenancy was that the latter could continue to occupy these premises and use them in every way in which a tenant can legitimately do. He could use it for his residence or he could use it as his office. He could not, however, allow it to be occupied by total strangers or outsiders. If anyone else used it with him, that user would be illegal if it could be treated as a user independent of his own user; while if the accommodation was used by some other person in such a manner that it would amount to user by the tenant himself, that user would not be illegal. It appears that in this case the Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures was using this accommodation for his office also, and the office of the Senior Marketing Inspector and Senior Inspector, Weights and Measures were also located in this very building. If the office of the Senior Marketing Inspector and Senior Inspector, Weights and Measures, was an adjunct to or a part of the office of the Deputy Regional Marketing Officer-cum-Assistant Controller for Weights and Measures, the location of the former would be a valid location, but in that case as soon as the status of the Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures as tenant ceased, the office of the Senior Marketing Inspector and Senior Inspector, Weights and Measures would also have to go out with him. In the alternative, if the offices of the Senior Marketing Inspector and Senior Inspector of Weights and Measures were located as offices independent of the Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures, that occupation would itself be illegal and unauthorised occupation, and if that officer permitted such occupation, it would only mean that he permitted illegal occupation by another person. Such an illegal occupation also would give no right at all to the Senior Marketing Officer and Senior Inspector, Weights and Measures, to continue to maintain his offices in this accommodation. 4. In these circumstances, we have no hesitation in holding that the allotment made in favour of the Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures could not and did not ensure to the benefit of the Senior Marketing Inspector and Senior Inspector, Weights and Measures. 5. Let the record be returned to the learned single Judge with this opinion. In these circumstances, we have no hesitation in holding that the allotment made in favour of the Deputy Regional Marketing Officer-cum-Assistant Controller of Weights and Measures could not and did not ensure to the benefit of the Senior Marketing Inspector and Senior Inspector, Weights and Measures. 5. Let the record be returned to the learned single Judge with this opinion. Question answered.