SALEEM BEG Vs. SIDDIQ MIRZA

JUDGEMENT

(1.) This is a Defendant's second appeal. The Plaintiff -Respondent filed the suit against the Appellant for his ejectment from an accommodation and for recovery of arrears of rent. The provisions of the U.P. (Temp.) Control of Rent and Eviction Act, 1947 applied to the accommodation as it was situated in the town of Sitapur. Before the filing of the suit for ejectment the Respondent made an application Under Sec. 3 of the Act to the RC and EO exercising the powers of the D.M. Permission to file a suit for ejectment was granted on 27 -12 -1965 to the Plaintiff on condition that the suit against the Defendant -Appellant could be filed only after the expiry of the period of one month from that date, this period of one month being allowed to the Defendant for making arrangement for accommodation else where. Before the period of one month from 27 -12 -1965 could expire the Plaintiff, however, gave notice to the Defendant Under Sec. 106 of the Transfer of Property Act on 8 -1 -1966 calling upon him to vacate the accommodation in suit after the expiry of 30 days from the date of the receipt of the notice. This notice was served on the Defendant on 13 -1 -1966. The suit was then filed on 15 -2 -1966.

(2.) At the trial the Defendant did not raise any contest in regard to the amount of rent claimed against him. The only point that he raised was that the notice was premature having been given to him before the expiry of the period of one month from 27 -12 -1965, thus violating the terms of the permission granted to the Plaintiff.

(3.) This point did not find favour either with the learned Munsif who tried the suit or with the learned Civil Judge who heard the appeal. It is in these circumstances that the Defendant has come up in second appeal before this Court.