TARIF ELAHI Vs. SMT. LAL DEI

JUDGEMENT

(1.) This second appeal has been referred for decision to a Division Bench by a learned single Judge of this Court as an important question of interpretation of Sec. 3 of the U.P. (Temporary) Control of Rent and Eviction Act was involved. The facts are not in dispute and may be stated shortly as follows.

(2.) The Plaintiff Respondent purchased a house on 3rd March 1958. The tenant of the house at that time was Ehsan Elahi on Rs. 30/ - per month. He fell into arrears from the 1st of June 1958 to the 28th of February 1959 and a notice under Sec. 3 of the U.P. (Temporary) Control of Rent and Eviction Act was served upon him early in March 1959. Thereafter on the 22nd of October 1959 a notice under Sec. 106 of the Transfer of Property Act was served upon his son Taril Elahi as in the meanwhile Ehsan Ilahi died on the 8th or 9th of September 1959 and Tarif Elahi his son had inherited the tenancy. This notice was served on the 28th of October 1959. Two money orders were sent by Tarif Elahi but were refused. The present suit was then filed for the ejectment of Tarif Elahi Defendant on the ground of the default having been made by his father Ehsan Elahi, inspite of service of notice under Sec. 3 of the U.P. (Temp.) Control of Rent and Eviction Act.

(3.) The contention raised by the Defendant was that no notice under Sec. 3 having been served on Tarif Ilahi, who was being ejected for default made by his father, he was entitled to protection under Sec. 3 of the U.P. (Temp.) Control of Rent and Eviction Act. The learned single Judge, who heard the case, was also doubtful whether the Defendant inherited any tenancy rights in the property and could be called a tenant of the property. This question was further elaborated by the learned Counsel for the Respondent in this Court and it was contended that there was no heritable tenancy in Ehsan Ilahi and, therefore, Tarif Elahi, did not inherit any tenancy lights. Reliance was placed on Raman Lal v/s. Bhagwan Das (1) ( : AIR 1950 All. 583).