PAHLAD DAS Vs. GANGA SARAN

JUDGEMENT

(1.) This is a defendant's special appeal that arises cut of an ejectment suit. The plaintiff sued for the ejectment of the defendant from a shop and also claimed arrears of rent. Before filing the suit he had obtained permission of the District Magistrate as required by Section 3 of the U. P. Rent Control & Eviction Act. The first suit which he filed in pursuance of the permission, however, failed on the ground that the notice of ejectment was defective. Then he gave another notice of ejectment and filed the suit out of which the present appeal has arisen. The suit Was contested mainly on two grounds. The first was that the first suit having failed the permission obtained from the District Magistrate had exhausted itself, and the second suit could not be maintainable without a fresh permission. The second ground taken was that the notice of ejectment was invalid as the period fixed in the notice to vacate the premises was not a period expiring with the end of the month of tenancy.

(2.) The trial Court accepted both the points taken by the defendant and dismissed the suit. In appeal the Civil Judge rejected both the points and allowing the appeal decreed the suit. A second appeal was then filed in this Court which came up before Hon'ble Mr. Justice Mushtaq Ahmad. He agreed with the learned Civil Judge on both the points in dispute and dismissed the appeal. He, however, granted permission to file a special appeal.

(3.) The defendant has filed this special appeal and both the points which did not find favour with the learned single Judge have been reiterated before us.