HARISH CHANDRA, J.

( 1 ) THIS is a second appeal from the judgment and decree of the learned District Judge of lucknow reversing in part the judgment and decree of the Munsif, North Lucknow, dismissing the respondents suit against the appellant for arrears of rent and ejectment from a certain house. The lower appellate Court decreed the respondents suit for ejectment but dismissed it with respect to the claim for arrears of rent. The appellant has come up in second appeal to this Court.

( 2 ) THE only questions that arise in this appeal are of law. Admittedly the appellant is the tenant of the respondent in the house in dispute. The respondent gave him the requisite fifteen days notice as required under Section 106, T. P. Act, 1882 and produced evidence of his having been given the necessary permission by the Rent Control and Eviction Officer of Lucknow under Section 3, u. P. Control and Eviction Act, 1947, for the institution of the suit. The fact that such permission was given by the Rent Control and Eviction Officer of Lucknow on 28-4-1947, before the institution of the suit is not denied. The appellants contention is that the permission given by the rent Control and Eviction Of

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