NATHUSINGH Vs. LAXMAN RAO

JUDGEMENT

(1.) This is an application for a certificate under Clause (10) of the Letters Patent from the judgment of dismissal of the second appeal No.328 of 1959, upholding the concurrent judgments of the lower courts. The applicant who was the defendant in the suit is an unwilling tenant who has been ordered to be ejected after lengthy litigation started in 1956. A new ground was raised in second appeal that the notice was defective, the tenant having been called upon to vacate on a date just previous to that on which the monthly tenancy ended. Whatever its merits, this new ground was not taken for consideration, it was not pleaded in the suit and even in the first appeal it was not urged though a petition was filed conveniently enough after the hearing, but before the judgment. Even if there was any substance, a timely pleading would have been disposed of ad limine and the plaintiff could easily have got a new notice served long ago. Instead, by his device of keeping back this ground the defendant has been able to drag on litigation for three years, and now, at the end of it, wants, on the new ground, to prolong it further still staying in the house all the time.

(2.) IT is urged now that a certificate for appeal under the Letters Patent should be given for the following reasons: -

(3.) NOR do I find any question of policy. The full Bench ruling in Gulabchand Vs. Kudilal, A.I.R. 1959 MP 151 dealing with the interpretation of public policy in regard to contracts. I fail to see what application it has to the present case.