( 1 ) THIS is a defendants appeal in a suit for ejectment and arrears of rent in respect of a shop. On 2 4-1947. the plaintiff obtained permission from the District Magistrate under Section 3, U. P. Rent Control and Eviction Act, III [8] of 1947, and filed a suit for ejectment against the defendant, being Suit no. 723 of 1947. The suit was decreed for arreara of rent but dismissed for ejectment on the ground that the notice served on the defendant was invalid. Then the plaintiffs served another notice on the defendant dated 3-12-1947, and brought the suit giving rise to the present appeal. The defence taken was that the notice was invalid, that no permission had been obtained in respect of the suit and that the defendant has not been guilty of wilful default in payment of the rent, an allegation on which permission had been obtained by the plaintiffs before the earlier suit. The trial Court dismissed the suit, holding that it did not lie in the absence of a permission specifically obtained to file it, that the notice was bad, and that the defendant was not guilty of any wilful default. The lower appellate Court reversed this decree on the findings that no fresh pe