GAYATRI DEVI Vs. DR. DWARKA NATH MUNSHI

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for ejectment and recovery of damages for use and occupation of an accommodation.

(2.) The appellant is the owner of premises 47/14 Old, Gudri Bazar, Kanpur, and the respondent was a tenant on behalf of the appellant in a portion of the said premises at a monthly rent of Rs. 12|8/-. The month of tenancy commenced on the 5th day of each English Calender month and expired on the 4th day of the month following. The appellant obtained permission under Sec. 3 of the Control of Rent and Eviction Act on the 10th July 1953 from the Rent Control and Eviction Officer Kanpur and sent a notice on the 11th July 1953 to the respondent terminating his tenancy with effect from the 4th Aug. 1953. On the 5th Aug. 1953, the very next day after the termination of the tenancy, the suit to evict the respondent was filed. The permission, however, which had been obtained on the 10th July 1953 had been granted ex-parte, and on the 29th Sept. 1953 the Rent Control and Eviction Officer revoked that permission, after hearing the respondent.

(3.) The suit was contested and inter alia it was pleaded that the permission obtained by the appellant having been revoked the suit was not maintainable and that the notice to quit given under Sec. 106 of the Transfer of Property Act was not in accordance with the provisions of that Sec. and was bad in law.