KESER SINGH Vs. TEJ SINGH

JUDGEMENT

(1.) THIS is a revenue second appeal against the judgment of the courts below decreeing the plaintiffs suit for ejectment of the appellant -tenant.

(2.) THE suit was brought by the plaintiff on the ground that the appellant was a fixed term tenant and at the expiry of his term he was entitled to be ejected under S. 44 (3) of the Tenancy Act. Both the courts below have concurrently found as a fact the appellant was a fixed -term tenant and that his term having expired he was entitled to be ejected.

(3.) MR . Sehgal appearing for the appellant submitted that the moment the term of the tenant expired he would cease to be tenant so as to hold under the landlord and therefore he could not be ejected under the Tenancy Act but could be ejected only by a civil suit. Mr Sehgal drew my attention to S. 44(1) cls (a) to (e) of the Tenancy Act to show that the ground mentioned therein would also apply to a fixed term tenant. This contention however, is not at all borne out by the plain language of S. 44 (1) read with cl. (3) which runs thus : -