( 1 ) THIS is a tenants appeal arising out of a suit for ejectment from a shop situate in the city of agra. The suit for ejectment was brought by the plaintiff with the permission of the Additional district Magistrate. The suit was resisted by the tenant on various grounds. But the ground with which we are concerned in the present case is that the landlord was not competent to bring the suit for ejectment inasmuch as the District Magistrate or any person authorised by him had not given the permission requisite for bringing a suit under Section 3, U. P. (Temporary) Control of bent and Eviction Act, 1947. Both the Courts decreed the plaintiffs suit and held that there was no force in the objection that the Additional District Magistrate was not competent to authorise the plaintiff to institute a suit for ejectment under Section 3 of the Act. The defendant has now come up in appeal to this Court.

( 2 ) THE question for consideration is whether the District Magistrate as contemplated under section 3 includes an Additional District Magistrate or not. Section 3 lays down that:

"no suit stall, without the permission of the District Magistrate, be filed in any civil Court against