SHYAM SUNDER LAL Vs. SHAGUN CHAND

JUDGEMENT

(1.) THIS is a reference to a Full Bench by a Bench of which one of us was a member on the ground that there was a conflict in this Court between two decisions, one reported in Raja Ram v. Madhu Prasad, 1954 All LJ 195 : (AIR 1954 All 592) and the other in Sharafat Ullah Khan v. Raja Udairaj Singh AIR 1959 All 416. In the latter decision the learned Judges, Beg and Tandon, JJ. doubted the correctness of the decision in 1954 All LJ 195 : (AIR 1954 All 592) on the ground that they were unable to hold that sections 3, 14 and 15 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, had the effect of conferring retrospective operation on an Amending Act. Before we fully comprehend the scope of the controversy it is necessary to know a few facts of the case : this was also necessary because the whole case was referred for decision to the Full Bench.

(2.) THE plaintiff in this case filed a suit for the ejectment of the defendants on the ground that he required the accommodation which was a house, for himself. The defendants, who were father and son, had executed a rent note in plaintiffs favour in respect of the accommodation on the 3rd January, 1941, whereby they had taken the accommodation on a monthly rent of Rs. 4/-.

(3.) THE defendants contended inter alia in defence that the notice was bad and that they had sent a sum of Rs. 23/1/, after deducting a sum of As. 15/- which they had spent on the repairs of the premises, to the plaintiff as rent due for the six months for which arrears of rent were claimed by the plaintiff which amount the plaintiff had unjustifiably refused to accept. The defendants also controverted the plaintiffs claim that he required the premises to satisfy a personal need.