GHANSHYAMDASS BHAGAT Vs. L GULAB CHAND

JUDGEMENT

(1.) This is a plff.'s appeal from the judgment of the learned Civil Judge of Agra dated 31-1-1950. The relevant facts are as follows : The plff. is the deft.s' tenant in a house situate in the City of Agra. In 1945 & 1947 the defts. unsuccessfully applied to the District Magistrate for permission to evict the plff. from the house. He made a third application in 1948 & on 22-7-1948, the District Magistrate passed the following order:

(2.) No evidence was adduced in the Court below. The question is mainly one of interpretation.

(3.) During the War there was difficulty about accommodation & Orders were made, firstly, under the Defence of India Rules to restrict the rights of landlords under the Transfer of Property Act for the ejectment of the tenants. With the lapse of the Defence of India Rules, those Orders ceased & then Ordinances were made making provisions to the same effect. Ultimately, the Ordinances were replaced by the U. P. (Temporary) Control of Bent & Eviction Act, 1947 (Act III [3] of 1947). The second para, of the Preamble of this Act provides as follows :