MOTI LAL Vs. BASANT LAL

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for ejectment and for recovery of rent.

(2.) Basant Lal and Babu Ram, the two respondents, brought the suit on 3-12-1951, for ejectment of Moti Lal appellant from the shop which had been purchased by the two brothers some time before the suit. It appears that on 22-10-1951, the two brothers (plaintiffs) served a notice on the appellant requiring him to vacate the shop. This notice was served after Basant Lal had obtained the permission of the District Magistrate of Kheri to eject Moti Lal appellant from the shop in question.

(3.) The title of the plaintiffs to the shop which was in occupation of the defendant as a tenant was not disputed. The only ground upon which the suit was contested was that the permission obtained from the District Magistrate as also the notice served on the defendant were bad in law.