On June 16, 1962 the, State Government set aside the order of the Commissioner and revoked the permission granted to the landlord.
The Civil Judge of Etah allowed the appeal of the landlord on September 28, 1963.
Before the disposal of the last revision application, the landlord filed a suit for ejectment on January 18, 1962 in the companyrt of the Munsif, Etah in pursuance of the permission given by the Commissioner.
Appeal by special leave from the judgment and order dated December 13, 1968 of the Allahabad High Court in Second Appeal No.
P. Goyal, G. N. Wantoo and V. C. Parashar, for the appellant.
The tenant went up in Second Appeal to the High Court.
P. Gupta, for the respondent.
The relevant facts for disposal of this appeal are as follows.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by Mitter, J. The question in this appeal by special leave is, whether a suit for eviction of a tenant by a landlord, after obtaining the permission of the Commissioner under sub s. 3 of s. 3 of the Uttar Pradesh Temporary Control of Rent and Eviction Act, 1947 becomes incompetent, on the making of an order by the State Government under s. 7 F cancelling the permission to sue given by the Commissioner.
263 of 1969.
The tenant then filed a further revision application to the State Government under s. 7 F of the Act.
The tenant went up to the Commissioner of Agra Division under s. 3 2 of the Act.
The respondent landlord obtained permission of the District Magistrate to file a suit for eviction against the appellant under s. 3 1 of the Act on May 29, 1961.
3474 of 1963.
On July 26, 1961 the Commissioner dismissed the revision application.
This Court while number companycurring with all that was said in Bansi Rams case 3 agreed with the Full Bench that a suit validly instituted after obtaining permission as required by s. 3 did number cease to be maintainable even if the State Government thereafter revoked the permission granted.
The suit was dismissed by the Munsif of Etah on November 17, 1962.
