NARAIN DEVI Vs. HAKIM MOHD AMIN

JUDGEMENT

(1.) THE plaintiff purchased a house situate at Lucknow on 13-1-1945. Hakim Abdul Hasib was a tenant of this house and had been, paying rent at the rate of Rs. 65/- plus the Municipal taxes to the vendor. After the purchase, Hakim Abdul Hasib paid rent to the plaintiff.

(2.) ON 15-10-1946 the plaintiff gave a notice under Section 5 (2), U. P. Control of Rent and eviction Act, that the rent was enhanced and it would be payable at the rate of Rs. 81/4/- per month. The defendant agreed to pay the rent at the enhanced rate.

(3.) IN 1947 the plaintiff made an application to the District Magistrate for permission to file a suit for ejectment of the defendant. On 11-8-1947 permission was granted, but with respect to only a "portion of the house. The plaintiff thereupon made a fresh application and wanted permission to eject the defendant from the whole house. On 20-3-1948 permission was granted in these terms: