BIND BASNI PRASAD J.

( 1 ) THIS is a plff. s appeal from the judgment of the learned Civil Judge of Agra dated 31-1-1950. The relevant facts are as follows : The plff. is the deft. s tenant in a house situate in the City of agra. In 1945 and 1947 the defts. unsuccessfully applied to the District Magistrate for permission to evict the plff. from the house. He made a third application in 1948 and on 22-7-1948, the district Magistrate passed the following order:

"this is an application for permission to eject through the Civil Court Ghanshiamdass a tenant of the applicants house. An application by the same parties was made in 1945 and rejected. A second application, was made again in 1947 and was rejected on 18-11-1917. The applicant himself is occupying another mans house for his business and an application has now been made for permission to eject him. Under the circumstances permission is accorded to eject him, ghanshiam Dass through the Civil Court. "

After the grant of this permission, the tenant (the plff. in the present case) brought a suit (No. 122 of 1948), from which this appeal arises, on 31-8-1948, in the Court of the Civil Judge at agra, for a declaration that the aforesaid

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