L GANGA PRASAD Vs. SAROOP DEI

JUDGEMENT

(1.) Sm. Sarup Dei, the pltf-resp. is the owner of a shop in village Dhanaura, pargana Hasanpur, in the Moradabad District. On 6-5-1945, she had let out the shop to Ganga Prasad, the deft-applt. for one year on a yearly rental of Rs. 125/-. After the expiry of the term of the lease the shop was not vacated by the deft. Accordingly, on 9-8-1946, the pltf instituted the suit, which has given rise to this-appeal, for ejectment of the deft from the shop; On 29-3-1947, the trial Ct dismissed the suit for ejectment on the ground that it was barred' in view of the provisions of Section 3, United Provinces (Temporary) Control of Rent and Eviction Act III (3) of 1947.

(2.) The pltf thereupon filed an appln for review, on 2-4-1947. She pointed out that Act III (3) of 1947 had not been made applicable to Dhanaura, where the shop was situate. As the suit was not, in fact, governed by the provisions of the said Act, the trial Ct granted the appln for review, set aside the dismissal of the suit & decreed the same.

(3.) The deft preferred an appeal, which came-up for hearing before the learned Civil Judge of Moradabad. That appeal was dismissed; hence this appeal.