This is a defendants appeal. It arises out of a suit for ejectment of the appellant from a shop and for recovery of Rs. 9/- as arrears of rent. The claim for ejectment was made on the ground that the plaintiff- respondent had obtained a permission under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, hereinafter referred to as the Act, for instituting a suit for ejectment against the appellant.

2. The suit was resisted on a variety of grounds, one of them being that no valid permission under Section 3 of the Act existed at the time the suit was filed. Since that is the only question argued in this appeal we give the facts with reference to that question above.

3. The plaintiff-respondent applied for permission under Section 3 of the Act which was granted by the Rent Control and Eviction Officer on 11-3-1966. The defendant filed a revision against that order and the Commissioner passed a stay order dated March 30, 1966. The stay order was served on the respondents wife by refusal on 6-4-1966. The suit giving rise to the present appeal was filed on 25th April, 1966. The revision was ultimately dismissed and a representation to the State Government under Sec

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