Judgement

GAJENDRAGADKAR, C.J.I. : Appellant No. 1, Lala Ram Swarup, and five other members of his family sued the two respondents, Shikar Chand and his son, for ejectment from the shop situated in Qasba Chandausi, Bazar Waram, on the allegation that the said premises had been let out to the respondents to conduct their shop on a monthly rent with effect from the 11th April 1952, for a year. At the time when the present suit was brought, the U. P. (Temporary) Control of Rent and Eviction Act, 1947 (U. P. Act III of 1947) (hereinafter called the Act ) was in force. Section 3 of the Act imposes certain restrictions on the landlord s right to eject his tenant from the premises to which the Act applies. Broadly stated, the effect of the provisions contained in S. 3 (1) is that a landlord can evict his tenant if he satisfies two conditions. The first condition is that he must obtain the permission of the District Magistrate to file such a suit; and the second condition is that he must prove the existence of one or the other of the seven grounds enumerated in Cls. (a) to (g) of S. 3 (1). We shall presently refer to the relevant provisions of this section.

2. In their plaint, the appellants pleaded that they needed the premises in suit to carry on their own businesses in the shop, and they alleged that they had applied for permission to the District Magistrate, Moradabad, under s. 3 (1) of the Act; that the said permission had been refused by him, whereupon they had moved the Commissioner in his revisional jurisdiction under S. 3 (2) of the Act; and that the Commissioner had given them permission to file the suit that is how the appellants claimed to have satisfied both the conditions prescribed by Section 3 (1). The appellants further claimed ejectment of the respondents and asked for a decree for damages for use and occupation of the suit premises form 11th April 1953 to 11th July 1954 @ Rs.35 per month. The suit (No. 349 of 1954) was filed on the 14th July 1954.

3. The respondents resisted the claim made by the appellants on several grounds. They urged that the suit was bad for nonjoinder of necessary parties; that the permission to sue granted to the appellants by the Commissioner was not valid in law, that the rent note executed by them was not admissible in evidence: and that the notice given by the appellants under S. 108 of the Transfer of Property Act was also invalid in law.

4. On these pleadings, the learned Munsif, Chandausi, framed appropriate issues. Evidence was led by both the parties in support of their respective contentions. The learned trial Judge recorded findings in favour of the appellants on all the issues and decreed their suit with costs on the 25th March 1955.

5. The respondents then preferred an appeal (Civil Appeal No. 213 of 1955) in the Court of the District Judge, Moradabad, and urged that the findings recorded by the trial Judge were erroneous and asked for the reversal of the decree passed by him. The learned District Judge rejected the respondents contentions and confirmed the decree under appeal on the 2nd June 1955.

6. That took the respondents to the High Court at Allahabad in second appeal (No. 1106 of 1955). The learned single Judge of the said High Court who heard this appeal, upheld the respondents contention that the permission granted by the Commissioner under S. 3 (3) of the Act as invalid in law; and so, he came to the conclusion that the appellants suit was incompetent. This judgment was delivered on the 26th July 1956. The learned Judge, however, allowed the appellants leave to file a Letters Patent Appeal.

7. The Letters Patent Appeal was placed before a larger Bench of three learned Judges of the High Court, because it was thought that the question raised by the appellants was of some importance. On the question as to whether the permission granted by the Commissioner was valid or not, the learned Judges who heard the appeal differed. Two of the learned Judges held that the said permissi