ORDER :- This Rule arises out of a suit for ejectment filed on 7th May 1946. It was thus filed under the Calcutta House Rent Control Order, before the Calcutta Rent Ordinance came into force, and after the amendment by which S. 9A was inserted in that order on 19th May 1941, and also after the amendment by the insertion of S. 9B was made on 28th August 1945. The grounds for ejectment were (i) default; (ii) waste to the premises (under S. 9-B and (iii)) khas (possession under S.9c).

2. The learned Munsif held that the suit is maintainable. The tenant defendant has obtained this Rule against his order.

3. Sections 9A and 9B are in substantially identical terms, the former being enacted to require permission of the Controller for institution of suits based on ground under S. 9(1)(c) (bona fide requirements) and the latter requiring similar permission in the case of suits based on the ground of default. No permission by the Controller had been obtained.

4. We may quote S. 9A (1) :

"No suit or proceeding by a, landlord against a tenant in possession of a house for eviction of such tenant therefrom in which any of the grounds specified in cl. (c) of the proviso to sub-para. (1) of Para. 9 h

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