M. R. WAIKAR, J.:- This is a review petition and the short question for consideration is whether an error not of fact but of law or rather an erroneous application of law, can be a ground for review under O.47 R.1 of the Code of Civil Procedure?

2. The judgment of which the review is sought by this application was delivered by the learned single Judge of this Court, but since he (R.S. Padhye J.) is not now available, this application under the Rules has come up before us for hearing and disposal.

3. The present applicant (original plaintiff) as the landlord of the premises in question, approached the Rent Controller for grant of permission to serve a notice on the non-applicant Mathew (original defendant) to determine the lease. The permission granted by the Rent Controller to the applicant was confirmed in appeal by the Resident Deputy Collector. It appears that immediately after the grant of permission by the Rent Controller, the applicant served a quit notice, determined the tenancy and filed a civil suit. During the pendency of this civil suit, however, the permission so granted by the Rent Controller came to be confirmed in appeal by the Resident Deputy Collector. The