RAM AGYAN SINGH Vs. MURLIDHAR AGARWAL AND ANOTHER

JUDGEMENT

(1.) We are now giving reasons in support of our order dated 28 -10 -1970, dismissing the plaintiff's suit for ejectment of the defendant -appellant. We are concerned with a building situate at 31 Sheocharan Lal Road, Alld. Admittedly it is an accommodation under the UP (Temp.) Control of Rent and Eviction Act, 1947 (herein below called the Act).

(2.) The former owner of the accommodation was one Ram Swarup Gupta. He let it out to the appellant, Ram Agyan Singh. The lease is a registered document. It was executed on 13 -10 -1952. The lease was for a term of ten years. The term was to commence from 1 -1 -1953.

(3.) Ram Swarup Gupta sold the accommodation to the plaintiffs by a registered sale deed, dated 26 -3 -1962. The suit out of which this appeal has arisen was instituted by them. The main relief claimed by them is the ejectment of the appellant from the accommodation. In their plaint they alleged that after the expiry of the term of the lease the appellant is a trespasser; even if he is still a tenant, he is liable to ejectment as he is a defaulter in payment of arrears of rent for more than three months. The appellants filed a written statement contesting their claim. He alleged that he is a statutory tenant under the Act and cannot be evicted without the permission of the DM. He denied that he has defaulted in payment of rent. He also pleaded that he was holding over after the expiry of the term of the lease. The plaintiffs then filed a replication. In their replication they alleged that as u/Cl. 20 of the lease deed the appellant has agreed to waive the benefit of the Act, he cannot now claim to be a statutory tenant.