- (1.) THIS case was referred to a Full Bench by a learned single Judge as he considered that the point of law that arose for decision was suffi- ciently important to need an authoritative pronouncement.
(2.) THIS second appeal was filed by the defendant against a decree passed by the Civil Judge of lucknow confirming a decision of the Munsif decreeing the plaintiff's suit for ejectment of the defendant from certain premises situate in Luck-now. The learned Munsif had granted to the defendant one month's time to vacate the premises and had directed that he should pay to the plaintiff a sum of Rs. 26/4/- as rent for this period. It is not disputed that the defendant is plaintiff's tenant. The defence is that the plain- tiff could not file the suit as the plaintiff had not obtained the permission of the District Magis- trate to file the suit and grounds (a) to (f) of section 3 of the U. P. (Temporary) Control of Rent and Eviction Act (3 of 1947) did not exist.
(3.) THE plaintiff, Srimati Fatima Begum, had applied under Section 3 of the Act on -15-1-1949, to the District Magistrate for permission to file a suit for ejectment of the defendant. On 27-2-1948, the District Magistrate had passed an order (Ex. 4) which reads as follows : "under Clause (D) of Section 2, U. P. (Temporary) Control of Rent and Eviction Act, 1947, I hereby. authorise Mr. S. S. Nigam, Deputy Town Rationing Officer (Cloth) Lucknow, to perform any of the functions of the District Magistrate, under the Act and he will be designated as Rent Control and Eviction Officer, Lucknow. Sd/- A. D. Pandit, i. C. S. , district Magistrate, LUCKNOW. 27-2-18. ";