NIRANJAN LAL BHARGAVA Vs. RAM KALI DEVI

JUDGEMENT

(1.) Both these appeals arise out of the same suit which was instituted on 15th December 1943, by Mst. Ram Kali Devi against the appellant, Pandit Niranjan Lal Bhargava, for his ejectment from a building, known as "Sahu Palace". The aforesaid premises were let on 1st November 1989 by the plaintiff to the defendant for a period of four years, expiring on 31st October 1943. The plaintiff sought to eject the defendant on three grounds, namely, (1) that the term of the lease had expired, (2) that the defendant was causing injury to the building, and (3) that a sum of Rs. 100 had remained due as arrears of rent.

(2.) The defendant pleaded, in defence, that certain orders passed under the Defence of India Rules prevented the plaintiff from ejecting him. He denied that he was causing any injury to the building or that any arrears of rent were outstanding against him.

(3.) The Munsif gave a conditional decree in the suit to the plaintiff. By that decree the defendant was ordered to be ejected from the premises, but it was provided that the decree would remain in suspense till such time as the order passed under the Defence of India Rules remained in force.