( 1 ) THIS is a defts second appeal against the appellate decree of Sri Grish Chandra, 1st Civil judge, Kheri, dated 27-5-1950.

( 2 ) IT appears that the plff. let out on rent to the deft. appellant a certain ahata within the municipal limits of the town of Lakhimpur-Kheri. After some time the plff. served on the deft. a valid notice to quit the premises and when he failed to do so, a suit for ejectment and damages was filed. An objection was taken that because the premises were situate within municipal limits, the U. P. (Temporary) Control of Rent and Eviction Act, 1947, applied and that as the plff. wanted the house for his own residential purposes, the previous permission of the District Magistrate was necessary before the suit could be filed. The plff. denied that the premises let out were accommodation within the meaning of the Act.

( 3 ) THE trial Court held that the premises constituted accommodation within the meaning of the act and as no previous permission of the District Magistrate had been taken, the suit was not maintainable. It was accordingly dismissed. On appeal the learned lower appellate Court has held that what was let out to the deft. was merely