Malik, CJ.

[1] This case was referred to a Full Bench by a learned single Judge as he considered that the point of law that arose for decision was sufficiently important to need an authoritative pronouncement.

[2] This second appeal was filed by the defendant against a decree passed by the Civil Judge of Lucknow confirming a decision of the Munsif decreeing the plaintiff's suit for ejectment of the defendant from certain premises situate in Luck-now. The learned Munsif had granted to the defendant one month's time to vacate the premises and had directed that he should pay to the plaintiff a sum of Rs. 26/4/- as rent for this period. It is not disputed that the defendant is plaintiff's tenant. The defence is that the plain- tiff could not file the suit as the plaintiff had not obtained the permission of the District Magistrate to file the suit and grounds (a) to (f) of Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act (3 of 1947) did not exist.

[3] The plaintiff, Srimati Fatima Begum, had applied under Section 3 of the Act on -15-1-1949, to the District Magistrate for permission to file a suit for ejectment of the defendant. On 27-2-1948, the District Magistrate had passed an order (Ex. 4) which reads as follows :

"UndeClause (D) of Section 2, U. P. (Temporary) Control of Rent & Eviction Act, 1947, I hereby authorise Mr. S. S. Nigam, Deputy Town Rationing Officer (Cloth) Lucknow, to perform any of the functions of the District Magistrate, under the Act and he will be designated as Rent Control & Eviction Officer, Lucknow. Sd/- A.D. Pandit, I. C. S., District Magistrate, LUCKNOW. 27-2-18."

[4] The application of 15-1-1949, was, however, not addressed to Mr. S. S. Nigam, Rent Control & Eviction Officer, Lucknow, but to Sri A.D. Pandit, District Magistrate. On 24-1-1949, the District Magistrate gassed the following order :

"R. C. E. O. This is a hard case and may be permitted to file a suit after two months. The occupant may be asked to make his arrangements in the meantime."

On receipt of this order the Rent Control and Eviction Officer passed the following order :

"Shrimati Fatima Begam w/o Shri Abdul Mahbood, wants her house No. 171, Ghasiari Mandi, Lucknow, at present occupied by Shri Abdul Hamid, for personal use. She has no independent place and has purchased the house for personal use. In view of her genuine need she is allowed to take ejectment proceedings against the occupant after two months.

Sd/- S. S. Nigam, R. C. E. O. 28-1-49."

When the defendant-appellant, the tenant, came to know of it he sent an application dated 22-2-1949, to the District Magistrate, Lucknow, that he was an old retired official and had been living in the house for the last 20 years, that Srimati Fatima Begum was living in a three storied house in the same mohalla for about 26 years and her claim that she wanted to live in the house which was in the occupation of the defendant was a device to get the permission, and that the permission had been granted without issuing any notice to the tenant and without giving him a chance to be heard and he, therefore, prayed that the permission be withdrawn and proper orders be passed after hearing him. On 25-2-1949, the tenant sent another application to the District Magistrate similarly worded as he was afraid that his first application might not have reached him, the District Magistrate being on tour. On 6-4-1949, the District Magistrate passed the following order (Ex. A-9) :

"It was necessary to give the applicant due opportunity to contest the landlord's application for obtaining permission to file a suit for ejectment. This was not done in this case. I, therefore, order the cancellation of the permission granted to the landlord by the R. C. E. O.

I further direct that the notice should be issued and both parties heard in this case before final orders are passed."

4A. On 4-5-1949, the Rent Control and Eviction Officer sent the following report to the District Magistrate :

"D. M., Kindly see