MALIK, CJ.:-

This case has been referred to us by a Bench for reconsideration of certain decisions of this Court referred to in the referring order.

2. The facts of the case are that a suit No.366 of 1944 was filed by the respondent, Pearey Lal, for ejectment of the appellant from house No.395/417 situate in Kaserat Bazar, Tajganj, Agra, and for arrears of rent due. The suit was decreed on 12-1-1945. The defendant filed an appeal Civil Appeal No.35 of 1945-and on 28-1-1946, the lower appellate Court affirmed the decree for ejectment but dismissed the claim for arrears of rent. A rider was added in the decree that the decree-holder will not be entitled to execute the decree for ejectment without the previous sanction of the District Magistrate or the Additional District Magistrate.

This was by reason of the provisions of the Defence of India Rules, R.81(2) (bb) (ii), which was as follows:

"81(2). The Central Government or the Provincial Government, so far as appears to it to be necessary or expedient for securing the defence of British India or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, may by order pro