MANZOOR ALI USMANI Vs. LAL DEVI

JUDGEMENT

(1.) The plaintiffs-respondents are the owners of premises No. 16/35 along with the outhouses and the sheds situated at the Mall Road, Kanpur. The defendant-appellant is the tenant thereof on a monthly rent of Rs. 175. It is the common ground of the parties that these premises were let out by a written deed of lease, dated 21-11-1922. That lease was for one year with an option of renewal for another two years. On 4-12-1945, the plaintiffs instituted a suit for the ejectment of the defendant from the premises and for the recovery of Rs. 350 as arrears of rent. The defence was that the lease was for manufacturing purposes, the notice to quit was invalid and the amount claimed as arrears of rent was incorrect.

(2.) The trial Court repelled all the contentions of the defendant and decreed the claim in its entirety. The defendant went up in appeal. Learned District Judge affirmed the decision of the trial Court. The defendant now comes up in second appeal to this Court.

(3.) The first contention raised by Shri Gopi Nath Kanzru on behalf of the appellant is that, having regard to the provisions of Section 15, U. P. (Temporary) Control of Rent and Eviction Act, 1947, no decree for ejectment can be passed except on one or more of the grounds mentioned in Section 3 of the Act. In this section the word "suits" has been used. The question, therefore, first arises whether it applies also to appeals. On this point there are two Bench decisions of this Court, viz., Niranjan Lal v. Mt. Ram Kali Devi, A. I. R. (37) 1950 ALL. 396 and Lala Raj Narain v. Sita Ram Sri Kishan Das, S. A. No. 979 of 1945, D/- 3-11-1949. In both these cases it has been held that the word "suit" in Section 15 includes an appeal. Section 15, therefore, is applicable to the present appeal.