ABDUL HAMID Vs. FATIMA BEGUM

JUDGEMENT

(1.) THIS case was referred to a Full Bench by a learned single Judge as he considered that the point of law that arose for decision was suffi- ciently important to need an authoritative pronouncement.

(2.) THIS second appeal was filed by the defendant against a decree passed by the Civil Judge of lucknow confirming a decision of the Munsif decreeing the plaintiff's suit for ejectment of the defendant from certain premises situate in Luck-now. The learned Munsif had granted to the defendant one month's time to vacate the premises and had directed that he should pay to the plaintiff a sum of Rs. 26/4/- as rent for this period. It is not disputed that the defendant is plaintiff's tenant. The defence is that the plain- tiff could not file the suit as the plaintiff had not obtained the permission of the District Magis- trate to file the suit and grounds (a) to (f) of section 3 of the U. P. (Temporary) Control of Rent and Eviction Act (3 of 1947) did not exist.

(3.) THE plaintiff, Srimati Fatima Begum, had applied under Section 3 of the Act on -15-1-1949, to the District Magistrate for permission to file a suit for ejectment of the defendant. On 27-2-1948, the District Magistrate had passed an order (Ex. 4) which reads as follows :