on merit, though there are one or two technical breaches. This is certainly not a decision which should be interfered with in the exercise of jurisdiction under Article 136 of the Constitution by this Court. The appeal arises from the judgment and order dated 22nd September, 1978 of the High Court of Allahabad. The respondent No. 2 herein, Smt. Murtaza Begum filed an application under section 3 of the U.P. \Temporary) Control of Rent and Eviction Act, 1947 being U.P. Act No. 3 of 1947, hereinafter called the Old Act. against the appellants. Section 3 of the said Act provides that subject to any order passed under sub-section (3) of that section, no suit shall, without the permission of the District Magistrate be filed in any court against any tenant for his eviction from any accommodation except on the grounds mentioned therein. Sub-section (2) of section 3 provided for revision to the Commissioner against the order of the District Magistrate. Subsection (3) of section 3 empowered the Commissioner to hear the application and if he was not satisfied as to the correctness, legality or propriety of the order passed by the District Magistrate or as to regularity of proceedings held before him, alter or reverse his order or make such other order as might be just and proper. By sub-section (4) of section 3 the order of the Commissioner has been made final subject to any other order passed by the State Government under section 7:F of the said Act. Section 7-F of the said Act empowered the State Government to call for the record of any case granting or refusing to grant permission for the filing of a suit for eviction referred to and authorised him to make such order as appeared to it necessary for the ends of justice. The application for eviction was granted by the Commissioner in this case on the 17th April, 1971. The appellants went in revision to the State Government. The revision was, however, rejected by the State Government on 7th February, 1972. The permission thereafter became final.
