JUDGMENT

Laksmi Prasad, J. - This is a defendant's second appeal arising out of a suit for arrears of rent and ejectment. The only point that has been urged before me in support of the appeal is that which has been raised through civil Miscellaneous Application No. 775(S) of 1969. The suit for ejectment was filed after obtaining permission under section 3 of the U.P. Act No. III of 1947. The point raised in the course of arguments is based on the allegation that the application for permission under section 3 of the Act was given before the Rent Control and Eviction Officer, Lucknow, who after retaining it on his file till the stage of arguments passed it on to another officer who ultimately passed the order according permission. On the facts it is argued that the particular officer who accorded permission had no jurisdiction to pass the order. It is to be noticed that it is not suggested that the officer who passed the order according sanction did not exercise the delegated powers in that behalf of the District Magistrate, as was done by the Rent Control and Eviction officer himself before whom the application was initially presented. The only argument is that since the Rent Control