SETH BALGOPAL DAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant, here by special leave, is a tenant of premises in Dehradun in respect of which the landlord respondent No. 4 had sought permission, under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act III of 1947 (hereinafter referred to as ' the Act'), to sue for his eviction. The permission was granted by the Rent Control and Eviction Officer, Dehradun, as long ago as 11 August, 1969, and, thereafter, the suit for ejectment of the appellant was filed on 19th November, 1969.

(2.) Section 3, sub-sec. (1) of the Act had merely imposed a bar on suits in Civil Court filed without the permission of the District Magistrate except on certain grounds which are given there. The plaintiff respondent, one Mrs. Sheila Kalha, wife of a retired army officer, was given permission to file her suit on the ground that she required the accommodation for personal residence. She is said to have been living at considerable expense to her at New Delhi due to inability to live in her own house at Dehradun as it has been occupied by the appellant.

(3.) The tenant had applied on 19th August, 1969, for a certified copy of the order of the Rent Control Officer granting the landlord permission to sue and got its copy on 25th August, 1969. Thereafter, the tenant filed a revision application under Section 3 (2) of the Act, purporting to be made to the Commissioner, Meerut Division, but actually filed on 16th September, 1969, before an Additional District Magistrate of Dehradun who had forwarded it on to the Commissioner. The Revision Application was received in the Commissioner's office on 24th September, 1969. It rejected by the Commissioner on the ground that it was filed beyond the time prescribed by Section 3 (2) of the Act which reads as follows: