ASGHAR Vs. UTTAR PRADESH GOVT

JUDGEMENT

(1.) THIS is a defendant's appeal against a decree for possession passed by the lower appellate court modifying a conditional decree passed by the Munsif of Gonda.

(2.) IT appears that a lease in respect of three plots of land was granted by the Deputy commissioner of Gonda to the appellant on the 28th. October, 1933, for making certain constructions on the land. One of the conditions in the lease was that the lessee was to complete the constructions within six months of the date of the lease. It was further provided that if no construction was made or if there was a breach of the terms of the lease, the lessor shall have a right of re-entry. No construction was made on the leased land and the U. P. Government instituted a suit on 17-10-1949, for possession of the land.

(3.) THE suit was resisted by the defendant on the ground that he had applied for permission to the municipal Board to build, but the permission was not granted in time and he could not therefore comply with the terms of the lease. The trial Court passed a conditional decree and it was provided that the defendant was at liberty to make the constructions within six months of the date of the decree and the suit would stand decreed if he failed so to do. The plaintiff then went up in appeal. The lower appellate Court, however, took a different view and found that there was no good ground for attaching a condition to the decree or giving the defendant further time to make the constructions. It, therefore, set aside the decree passed by the trial Court and decreed the suit for possession. The defendant has now come up in second appeal.