BHAGWAN DASS Vs. L PYARE LAL

JUDGEMENT

(1.) THIS case has been referred to us by a Bench for reconsideration of certain decisions of this court referred to in the referring order.

(2.) THE facts of the case are that a suit No. 366 of 1944 was filed by the respondent, Pearey Lal, for ejectment of the appellant from house No. 395/417 situate in Kaserat Bazar, Tajganj, Agra, and for arrears of rent due. The suit was decreed on 12-1-1945. The defendant filed an appeal--Civil Appeal No. 35 of 1945--and on 28-1-1946, the lower appellate Court affirmed the decree for ejectment but dismissed the claim for arrears of rent. A rider was added in the decree that the decree-holder will not be entitled to execute the decree for ejectment without the previous sanction of the District Magistrate or the Additional District Magistrate. This was by reason of the provisions of the Defence of India Rules, Rule 81 (2) (bb) (ii), which was as follows:

(3.) THE application for execution of the decree was made in January, 1947, but without the sanction of the District Magistrate, and in the execution application it was claimed that the landlord applicant wanted the house for his own 'bona fide' use. On 10-7-1947, however, the decree-holder amended the application for execution and claimed that the tenant had misused the premises and had brought it to non-residential use by converting it into a 'bhatti'. On 17-7-1947, the decree-holder obtained the permission of the District Magistrate for the eviction of the tenant. In the meantime the U. P. Control of Rent and Eviction Act (3 of 1947) was passed. It received the assent of the Governor-General on 28-2-1947, arid was published in the U. P. Gazette Extraordinary, dated 1-3-1947. It was, however, provided in the Act that it would be deemed to have come into force on 1-10-1946.