Judgment

SABYASACHI MUKHARJI, J. - This is a tenants appeal by special leave. After perusing the judgment impugned and grounds urged, we are of the opinion, that there is no substance in this appeal on merit, though there are one or two technical breaches. This is certainly not a decision which should be interfered with in the exercise of jurisdiction under Art. 136 of the Constitution by this Court. The appeal arises from the judgment and order dated 22nd Sept. 1978 of the High Court of Allahabad. The respondent No. 2 herein, Smt. Murtaza Begum filed an application under S. 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 being U. P. Act No. 3 of, 1947, hereinafter called the old Act, against the appellants. S. 3 of the said Act provided that subject to any order passed under sub-sec. (3) of that section, no suit shall without the permission of the District Magistrate be filed in any court against any tenant for his eviction from any accommodation except on the grounds mentioned therein. Sub-sec. (2) of S. 3 provided for revision to the Commissioner against the order of the District Magistrate. Sub-sec. (3) of S. 3, empowered the Commissioner to hear the applicatio