MAKHAN LAL KELA Vs. GIRDHARI LAL

JUDGEMENT

(1.) This second appeal raises an interesting point of interpretation of the provisions of the U. P. Temporary Control of Rent and Eviction Act, 1947 (hereinafter referred to as "the Act"). The question is :

(2.) Where a landlord proposes to evict a tenant and a sub-tenant both by a suit, is it sufficient for him to obtain the permission under Section 3 of the Act as against the tenant only or should he obtain such permission as against the tenant and the sub-tenant both !

(3.) The two Courts below have differed in their answers to this question. The trial Court held that the permission under Section 3 of the Act as against the tenant was sufficient against the sub-tenant also. The learned District Judge took an opposite view and held that without an express permission as against the sub-tenant also, the sub-tenant could not be evicted.