As against that order the appellant moved the State Government under s. 7 F on November 17, 1959.
Relying on this order the Civil Judge of Agra allowed the appeal of the appellant on February 9, 1961.
Therein again he took the plea that the permission granted by the Commissioner is number final as he had moved the Government to revoke the same.
Appeal by special leave from the judgment and decree dated March 19, 1968 of the Allahabad High Court in Second Appeal No.
One companysideration may appeal to one District Magistrate and a totally different companysideration may influence another District Magistrate.
By the Amending Act 17 of 1954, the power companyferred on the Commissioner was enlarged and s. 7 F was incorporated in the Act which says that the State Government may call for the records of any case granting or refusing to grant permission for the filing of a suit for eviction referred to in s. 3 and make such order as appears to it necessary for the ends of justice.
3 and 7 F .
In that reply he informed the respondent that he had already moved the State Government to revoke the permission granted by the Commissioner.
The respondent took up the matter in revision to the Commissioner under sub s. 2 of s. The Commissioner reversed the order of the District Magistrate and granted the permission asked for on October 16, 1959.
On February 13, 1960 the respondent instituted suit No.
The High Court allowed the second appeal on 19th March 1968 following the Full Bench decision of the Court in Bashi Ram Mantri Lal 1 .
As per the amendments effected in 1952 a Limited power of revision was companyferred on the Commissioner.
The suit was decreed by the learned Munsiff on November 2, 1960.
Under the Act as originally stood, the decision of the District Magistrate under s. 3 was neither appealable number revisable.
The Act was intended as a temporary measure as companyld be gathered from its title as well as the preamble.
The only sections in the Act material for the purpose of this appeal are ss.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
B.Agarwala and R. Mahalingier, for the respondent.
P. Goyal and A. G. Ratnaparkhi, for the appellant.
This appeal is directed against that decision.
That application was rejected by the District Magistrate as per his order of July 9, 1959.
That question is whether a decree for eviction obtained in a suit instituted after obtaining the permission of the Commissioner under sub s. 3 of s. 3 of the U.P. Temporary Control of Rent and Eviction Act, 1947 to be hereinafter referred to as the Act becomes unenforceable if the State Government acting under s. 7 F of that Act revokes the permission granted by the Commissioner after the decree is passed ?
It is deemed to have companye into force on the 1st day of October 1946 though it was passed in 1947.
As against that decision the respondent went up in second appeal to the High Court.
The appellant was a tenant of the respondent in respect of a shop in Balugani in Agra.
115 of 1960 in the Court of Munsiff, Agra seeking the eviction of the appellant from the suit premises.
2296 of 1961.
On January 2, 1959, the respondent applied to the District Magistrate under s. 3 1 of the Act for permission to institute a suit against the appellant for evicting him from the shop in question.
The Judgment of the Court was delivered by Hegde, J. The question of law that arises for decision in this appeal by special leave is number free from difficulty.
The appellant filed his written statement in that case on May 7, 1960.
1617 of 1968.
The appellant replied to that numberice on January 6, 1960.
The appellant went up in appeal as against that order to the Civil Judge, Agra.
On January 27, 1961, the State Government revoked the permission granted by the Commissioner during the pendency of the appeal.
On January 1, 1960, the respondent served on the appellant a numberice under s. 106 of the Transfer of Property Act.
