( 1 ) THIS is a defendants appeal arising out of a suit for ejectment and for arrears of rent.

( 2 ) THE defendant-appellant was a tenant of a certain shop belonging to the plaintiff-respondent in urdu Bazar in the city of Gorakhpur. It was a month to month tenancy. The plaintiff-respondent applied to the Town Rationing Officer who seems to have been authorised by the District magistrate to act under the Control of Rent and Eviction Act, III [3] of 1947, for permission to sue the defendant-appellant for his ejectment from the shop. It is not clear on what ground the permission was sought. There is one application on the record dated 30-4-1948, in which the ground for ejectment mentioned that the defendant-appellant had damaged the wall of the shop. Learned counsel for the plaintiff-respondent asserts that there was another application in which he had alleged that he wanted the shop for his own business. However, that may be, the Town rationing Officer granted permission to sue the defendant, appellant for his ejectment by an order dated 8-5-1948. There is another order dated 22-5-1948, in which also the Town Rationing officer had granted the same permission. There appe