RATTI RAM Vs. MITTHAN LAL

JUDGEMENT

(1.) This is an appeal by leave from a judgment of Mr. Justice Dhavan dated the 16th Oct., 1959, dismissing a second appeal.

(2.) The facts are these: In 1938 the appellant entered into possession of a certain house as the tenant of the respondent. In 1953 the respondent applied to the District Magistrate's under Sec. 3 of the U. P. (Temporary) Control of Rent and Eviction Act for permission to file a suit for the eviction of the appellant. That permission was refused by the District Magistrate's and his order was upheld by the Commissioner on revision. An application was then made by the respondent to the State Government, under Sec. 7F of the Act, and by an order dated the April, 1955, the State Government allowed the appellant six months time within which to vacate the premises and granted the respondent permissions to file a suit should the appellant not vacate within that period which would end on the 13th Oct., 1955. It appears that the appellant had no intersection of vacating the house, and on the 22nd Sept., 1955, the respondent served upon him a notice under Sec, 106 of the Transfer of Property Act terminating the tenancy on the expiry a of thirty days from the receipt of the notice. The appellant did not vacate for the premises and the respondent filed a suit for his ejectment on the 1st Dec., 1955. The trial court held that the notice under Sec. 106 having been given before the permission to file n the suit became effective, was invalid and dismissed the suit.

(3.) The lower court however took a different view. It allowed the appeal and passed a decree for the eviction of the appellant and that decree was upheld by Dhavan, J. in second appeal.