SMT. HALEEMAN Vs. ABDUL SATTAR AND ANR.

JUDGEMENT

(1.) THIS is a Plaintiff's appeal from an appellate decree of dismissal of her suit for recovery of rent and damages and for eviction of the Defendants Respondent from the accommodation in suit.

(2.) THE facts necessary for understanding the controversy raised in this appeal may be briefly stated.

(3.) THE learned Munsif, who tried the suit, held that the permission granted Under Section 3 by the DM was a valid permission not open to challenge before a civil court and the tenancy of the Defendant having been terminated by a valid notice Under Section 106 of the Transfer of Property Act, he was liable to be evicted. The suit of the Plaintiff was decreed for eviction and other reliefs. On appeal by Abdul Sattar, the learned Civil Judge, who heard the appeal, took the view that there being no permission in law as contemplated by Section 3 of the Act, the suit of the Plaintiff was barred. On this preliminary point the learned Civil judge allowed the appeal, set aside the decree of the court below and dismissed the Plaintiff's suit. Now the Plaintiff -landlady has come up in second appeal before this Court.