Judgement

WANCHOO, J.: This appeal by special leave raises the question of the interpretation of S. 259 of the Cantonments Act No. II of 1924, (hereinafter referred to as the Act). The respondent was a tenant of the appellant. An application was made by the Cantonment Executive Officer, Ambala, on January 7, 1960, for realisation of a sum of Rs.649.50 from the respondent under S. 259 of the Act on the ground that the amount was due as arrears of rent on the basis of a lease in favour of the respondent. The respondent apparently questioned the jurisdiction of the Magistrate to realise the amount. The Magistrate held that he had jurisdiction and issued warrants for attachment of the movable property of the respondent on June 13, 1961. Thereupon the respondent went in revision to the Sessions Judge, Ambala, contending that the Magistrate had no jurisdiction to realise the arrears of rent due under a lease under S. 259 of the Act and in any case that could not be done without taking into account the objections of the respondent. The Sessions Judge following certain earlier decisions of the Lahore High Court took the view that rent under a lease could not be recovered under S. 259 of the