C D HANS Vs. MUNNU LAL

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment from a house in Sundarbagh, Lucknow and for recovery of rent.

(2.) The defendant-appellant, C. D. Hana was in occupation of the premises at a monthly rent Rs. 37/8/0. The plaintiff, Munnu Lal purchased the house on 4th June 1948 and shortly thereafter he applied to and secured on 28th December 1948 from the Rent Control and Eviction Officer, Lucknow an order permitting him to institute three months after the date thereof proceedings for ejectment against the defendant if the latter did not exchange the house for another house of the plaintiff of approximately the same rental value in Chowk. The sanction did not mature as it was rescinded by the Eviction Officer on 12th February, 1949 and it is suggested that this action was inspired by an order passed on 15th January 1949 by the District Magistrate, Lucknow who was moved by the tenant to reconsider the matter. Notwithstanding, however, the withdrawal order Munnu Lal gave, on 8th march 1949 a notice to Hans to quit and sued him on 24th April 1949 for ejectment and recovery of Rs. 37/8/0 as arrears of rent for the period 4th March 1949 to 3rd April 1949. He urged that the second order of the Eviction Officer was ultra vires.

(3.) The Courts below upheld his contention and ordered eviction on the basis of the sanction dated 28th December 1948. The view taken by them was that permission once given could not be withdrawn and in any event the order of the Rent Control and Eviction Officer was virtually not his order but that of the District Magistrate.