Judgment

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.

2. The relevant facts for disposal of this appeal are as follows. 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. The tenant went up to the Commissioner of Agra Division under S. 3 (2) of the Act. On July 26, 1961 the Commissioner dismissed the revision application. The tenant then filed a further revision application to the State Government under S. 7-F of the Act. Before the disposal of the last revision application, the landlord filed a suit for ejectment on January 18, 1962 in the court of the Munsif, Etah in pursuance of the permission given by the Commissioner. On June 16, 1962 the State Government set aside the order of the Commissioner and revoked the p