GHASI RAM Vs. CHAUBEY MITRA SEN

JUDGEMENT

(1.) THESE are defendant's appeals an a suit for ejectment from a house and two shops and for recovery of Rs. 701/- as arrears of rent.

(2.) THE plaintiff's case was that the defendant had under a 'kiraya Nama' dated 1st April 1944, obtained the house and the shops from, the plaintiff at an annual rent of Rs. 530/-, this sum being payable as follows: <FRM>JUDGEMENT_307_TLALL0_1952Html1.htm</FRM>

(3.) THE plaintiff further alleged that the tenancy had terminated on 31st March 1945 but that, rent having been accepted by him from the defendant after that date, the latter was still a tenant, now liable to be ejected in view of the permission obtained by the plaintiff from the District magistrate under Section 3 (a), U. P. (Temporary) Control of Rent and Eviction Act, 3 of 1947. In fact no such permission was necessary to eject the defendant, and indeed the District magistrate said in his order that none was necessary but that if permission was needed, it was granted. On 31st March 1947 the plaintiff gave notice to the defendant to vacate the buildings by 1st May 1947. A suit was then filed by him on 2nd June 1947 claiming ejectment as well as arrears of rent in the amount of Rs. 701/-, out of which Rs. 21/- were stated to be payable up to 1st April 1946 and Rs. 680/- up to 1st June 1947.