BASANT LAL SHAH Vs. SMT. TARAWATI SHUKLA

JUDGEMENT

(1.) Smt. Tarawati filed regular suit no. 285 of 1956 in the court of Munsif South Lucknow against Sri Basant Lal Shah seeking a decree for ejectment and arrears of rent. The suit was contested and on the pleadings of the parties the learned Munsif framed the following issues:-

(2.) Only one point has been urged before me. The contention of the learned Counsel is that the Additional City Magistrate II had no jurisdiction to grant any permission. The plaintiff had filed an application for permission to file a suit for ejectment against the defendant-appellant. This application was disposed of by the Rent Control and Eviction Officer, Lucknow, by his order dated 20th Aug., 1954. The permission was refused. Against that refusal, a revision was preferred to the Commissioner Lucknow Division. This revision was disposed by the Additional Commissioner Rohilkhand-Lucknow Divisions by his order dated 18th Jan., 1955. The operative portion of the order reads:

(3.) It is common case of the learned counsel that this order is not happily worded. Apparently the intention of the learned Additional Commissioner was that as the Rent Control and Eviction Officer had expressed his opinion in the previous order dated 20th Aug., 1954, it was desirable in the interest of justice to get the matter decided by some other officer. In the circumstances the proper order to pass was to remand the case not to the previous officer but to the District Magistrate and to permit him either to decide the case himself or to authorise some other officer to consider the application under Sec. 3 of Act III of 1947.