B. Upadhya, J. - (1.) This is a Defendant's appeal arising out of a suit for ejectment.
(2.) The Plaintiff applied to the District Magistrate Under Section 3 of the UP Control of Rent and Eviction Act for permission to bring a suit against the Defendant for ejectment. The Rent Control and Eviction Officer exercising the powers of the District Magistrate rejected the application by an order dated 15-12-1952. The Plaintiff then moved the Commissioner in revision Under Section 3(2) of the Act. The Additional Commissioner who heard the application passed an order dated 4-4-1953 setting aside the order of the Rent Control and Eviction Officer and granted the plain tiff permission to sue the Defendant for ejectment. The suit was contested but was decreed by the learned Munsif. On appeal the learned District Judge upheld the decision.
(3.) The only contention urged in this appeal is that the suit has not been instituted with the permission of the District Magistrate as required by section 3 of the UP Control of Rent and Eviction Act as the said Act does not empower the Commissioner to grant any permission to a landlord to eject a tenant. The only question therefore is whether the Commissioner has powers Under Section 3 of the UP Control of Rent and Eviction Act to grant permission to a landlord to eject a tenant when such permission has been refused by the District Magistrate. Subsequent amendments to Act XXIV of 1954 have clarified the position and have given the Commissioner the powers to alter or revise the order of the District Magistrate and to make such other order as may be just and proper. The relevant provisions of the statute as it stood at the time when the suit was instituted read as follows:- "3 (1) Subject to any order passed under Sub-section (3) no suit shall, without the permission of the District Magistrate be filed in any Civil Court against a tenant for his eviction from any accommodation except on one or more of following grounds: (2) The party aggrieved by the order of the District Magistrate granting or refusing to grant the permission referred to in Sub-section (1) may, within 30 days from the date of the order or the date on which it is communicated to him, whichever is later, apply to the Commissioner to revise the order. (3) The Commissioner shall as far as may be, hear the application within six weeks from the date of its making and if he is satisfied that the District Magistrate has acted illegally or with material irregularity or has wrongly refused to act he may confirm or set aside the order of the District Magistrate. (4) The order of the Commissioner passed under Sub-section (3) shall subject to any order passed by the State Government Under Section 7-F be final.";