MANNU LAL Vs. CHAKRADHAR HANS

JUDGEMENT

(1.) This case raises a very short point but a point of some importance. The plaintiff was the owner of a house situate in Lucknow which had been allotted by the Rent Control Officer under the Rent Control and Eviction Act (III [3] of 1947). The plaintiff wanted to file a suit for ejectment and applied to the Rent Control and Eviction Officer, Lucknow, for permission to bring a suit on 18-12-1948. The Rent Control Officer gave him requisite permission. On 12-2-1949, however, he changed his mind and withdrew the previous permission granted by him on 28-12-1948, and informed the plaintiff that he had withdrawn the said order and the plaintiff could not, therefore, file a suit for ejectment. In spite of the second order passed by the Rent Control Officer the plaintiff filed a suit for ejectment in the Court of the learned Munsif, South Lucknow, and claimed that the previous sanction granted to him was irrevocable and that the second order cancelling the same was beyond the powers of the Rent Control Officer. It was further contended that the second order was in fact not an order passed by the Rent Control Officer but it was an order dictated to him by the District Magistrate and the Rent Control Officer had, therefore, not exercised any discretion in the matter.

(2.) Both the contentions prevailed in the lower Courts and the plaintiff's suit for ejectment was decreed.

(3.) The case thereafter came up in second appeal to this Court and a learned single Judge of this Court held that the Rent Control Officer had the inherent jurisdiction to revoke the sanction and the sanction having been revoked no further question arose and the plaintiff's suit must therefore fail. The learned Judge, however, gave the plaintiff leave to file a third appeal.