R.N. Gurtu, J. - (1.) THIS appeal arises out of a suit for ejectment brought by the landlord against a tenant.
(2.) THE Trial Court decreed the suit for ejectment and for arrears of rent. Upon appeal, the appeal has been dismissed.
(3.) THIS is a case in which the landlord had obtained the permission of the Disitt. Magistrate to eject before the filed the suit in civil court. But before the filed the said suit, a revision had been filed before the Commr. and was pending before him. Learned Counsel for the Appellant urges that having regard to the relevant darts of Section 3 of the UP Control of Rent and Eviction Act (Act No. III of 1947) this suit could not be filed until the revision before the Commr. was disposed of. In view of the submission, it becomes necessary to quote the relevant parts of Section 3, which are as under: (1) Subject to any order passed under Sub -section (3) no suit shall, without the permission of the Distt. Magistrate, be filed in any Civil Court against a tenant for his eviction from any accommodation, except on one or more of the following grounds: (a) that the tenant is in arrears of rent for more than three months and has failed to pay the same to the landlord within one month of the service upon him of a notice of demand. etc.;