( 1 ) THIS case was referred to a Bench as a point of law which arose in this case had arisen in another S. A. No. 15 of 1945 and that case had been referred to a Bench for decision. We understand from Mr. Jagdish Swarup that the parties to the S. A. No. 15 of 1945 entered into a compromise, and so the point was not decided in that case. The point, however, came up for decision in Letters Patent App. No. 1 of 1945, which was decided by this Bench on 20-1-1949. During the period that the Defence of India Rules were in force orders were issued by various dist. Magistrates regulating ejectment of tenants, fixation of rents payable by tenants and various other matters. A question arose whether, when a suit was filed in the civil Court for ejectment of a tenant in contravention of an order passed by a Dist. Magistrate under the Defence of India rules, what action the civil Court should take in view of such an order. A learned single Judge of this Court was of the opinion that the order should be ignored. Another learned Judge had held that the suit should be decreed for ejectment, but the decree should not be executed if there was a valid order passed under the Defence of India Rules pr

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