JIWAN DAS Vs. SARLA DEVI

JUDGEMENT

(1.) THIS is a defendant's application in revision against the judgment and decree dated 21-7-1975 of Sri R.C. Varma, III Additional District Judge Bareilly dismissing the applicant's revision against the judgment and decree of the trial Court. The facts leading to this application in revision are not disputed and may be reproduced as follows:-

(2.) THE defendant applicant was the tenant of the plaintiff O. P. in the premises in suit on a monthly rent of Rs. 40.00. The plaintiff O. P. applied for permission of the District Magistrate under Section 3 of the U. P. Act III of 1947 in 1959 for filing a suit for ejectment against the defendant applicant. The plaintiff O. P. moved an application dated 11-10-1959 (Ext. 1). The Defendant applicant filed objection against it (Ex. 2). By his order dated 23-12-1960 (Ex. 3) the Rent Control and Eviction Officer granted the permission sought by the plaintiff for evicting the defendant applicant. The defendant applicant then filed a revision application (Ex. 4) before the Commissioner, Rohelkhand Division, but the Commissioner rejected that revision by his order dated 30-3-1961 (Ex. 5). The defendant applicant then moved the State Government under Section 7-F of the U. P. Act III of 1947 but the State Government by its order dated 24-11-1961 (Ex. 6) rejected the defendant-applicant's application.

(3.) THE plaintiff O. P. on the basis of the judgment Ex. 11 applied for modification of her permission vide her application dated 23-6-1968 (Ex.12). The defendant applicant filed his objection dated 16-8-1968 (Ex. 13). The application of the plaintiff O. P. was allowed by the Rent Control and Eviction Officer vide his order dated 14-8-1968. Against that order, the defendant applicant filed a revision before the Commissioner. The objection of the defendant applicant was that the permission obtained by the plaintiff O. P. was alright and there was no question of its being modified. The Commissioner allowed the applicant's revision and set aside the order of modification (Ex. 12) by his order dated 16-9-1969 (Ex. 16). The plaintiff O. P. then made a representation to the State Government and the defendant applicant filed objections against it (Ex. 19). The State Government by its order dated 28-11-1970 (Ex. 17) rejected the plaintiff's representation.