ASHRAF ALI KHAN Vs. MUNSIF WEST ALLAHABAD

JUDGEMENT

(1.) THIS special appeal arises out of proceedings for ejectment under Section 7-B of the U. P. (Tempo rary) Control of Rent and Eviction Act (hereafter referred to as the Act). Qamar Ahmad Khan and two others are the owners of a certain house in the city of Allahabad. Ashraf Ali Khan has been occupying the house as their tenant. There has been litigation between the parties on the question of the amount of rent. The landlords have been pressing that the monthly rent is Rs. 35/- on the other hand, the tenant's case is that the monthly rent is Rs. 10/- only.

(2.) THE landlord got served on the tenant a notice claiming a sum of Rupees 560/- as arrears of rent for several months at the rate of Rupees 35/- p. m. The notice was served upon the tenant on 31-5-1961. On 1-6-1961 Ashraf Ali Khan tenant filed an applica tion in the Court of the Munsif, West Allahabad for permission to furnish secu rity for the sum demanded by the land lords. On 5-7-1961 Ashraf Ali Khan submitted a draft of a security bond, Chhedi Lal being the surety. The court fixed 15-7-1961 for orders. On 15-7-1961 the learned Munsif accepted the draft. The tenant accordingly furnished the surety bond executed by Chhedi Lal. Subsequently, the landlords filed an ob jection to the effect that the security bond had not been furnished within time. The matter was considered by the learned Munsif on 28-10- 1961. He upheld the objection raised by the landlords and decided that the security bond had not been furnished within the time allowed by law. It was, therefore, held that the tenant was liable to be evicted from the premises in dispute.

(3.) THE question for consideration is whether Ashraf Ali Khan tenant fur nished a security bond within the time allowed by Section 7-B (which?) provides for service of notice on the tenant. The tenant has to show cause within 15 days of the service of the notice. Sub-sec tion (7) of Section 7-B states:-