MOTI LAL Vs. SETH MAHABIB PRASAD & OTHERS

JUDGEMENT

(1.) THIS is a defendant appeal arising out of a suit for ejectment of the defendant -appellant from a shop situate at Hathras. The plaintiffs are two persons. Seth Mahabir Prasad and his nephew Seth Debi Prasad. The shop in dispute is alleged to have belonged to Shrimati Munnia, the mother of Mahaj bir Prasad and the grand mother of Debi Prasad. The defendant was a monthly tenant. The plaintiffs alleged that the defendant had taken the shop on a rent of Rs 60/ - p. m. from Shrimati Munnia Debi under rent -note dated October, 12, 1937 ; that the plaintiffs required the shop for their own use ; that they had taken the permission of the District Magistrate for the ejectment of the defendant -appellant ; and that due notice to vacate had been given. They claime3rd arrears of rent to the extent of Rs. 60/ - and Rs 34/ - mesne profits in addition to the relief for possession.

(2.) THE defence, inter alia, was that the plaintiffs had not obtained the permission of the District Magistrate ; that the notice to vacate was invalid ; and that Act III of 1947 barred the suit.

(3.) IN this second appeal the points urged before me are ; (l) that the plaintiffs had not obtained any permission from the District Magistrate and, in any case, the permission that was obtained being subsequent to the institution of the suit was ineffective that there being no ground for the ejectment of the defendant as provided Section 3 of Act III of 1947. the defendant could not be ejected.