Judgment

SABYASACHI MUKHARJI, J.:- This is a tenants appeal by special leave from the judgment and order of the High Court of Allahabad. The question involved in this appeal, as is usual, in all these cases, is what is just in the circumstances and events that have happened.

2. The premises in question is in the village and P.O. Dhampur in the District of Bijnor in the State of Uttar Pradesh. The suit was filed in 1967. The suit for the eviction of the appellants was filed on the ground that tenants had made material alteration in the property and as such became liable for ejectment in view of S. 3(1)(c) of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter referred to as the Act of 1947). The said Section 3 in the said provision enjoins that no suit without the permission of the District Magistrate shall be filed in any civil Court against a tenant for his eviction from any accommodation, except on one or more of the grounds enumerated therein and clause (c) of sub-section (1) of Section 3 was as follows:

"that the tenant has, without the permission in writing of the landlord, made or permitted to be made any such construction as, in the opinion of the