HARI SWARUP, J. :- These two appeals have been referred to us as they raised certain questions of law on which there is a difference of opinion in different judgments of this court as well as of other High Courts. The relevant facts giving rise to these appeals in the two cases are the following:-

The appellant in either case was defendant in the suit. The suit was filed for his ejectment and for arrears of rent and damages for use and occupation. The plaintiff claimed that the defendant was the tenant and his tenancy had been terminated by a notice to quit given under Section 106 of the Transfer of Property Act and there was a valid permission from the District Magistrate to institute the suit under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947. The defendant in either case denied the validity of the notice terminating the tenancy end also the permission granted under Section 3 of the Act. According to the defendant the tenancy had come down from the ancestors. In the case giving rise to Second Appeal No. 64 of 1966 the tenancy was created at the time of the defendants grandfather while in the case of Second Appeal No. 106 of 1966 it was created