JUDGMENT

THOMMEN, J.:—This appeal by leave arises from the judgment of the Full Bench of the Allahabad High Court in Second Appeal No. 2746 of 1965*, whereby the High Court, reversing the finding of the courts below, held that the suit instituted by the present respondent was maintainable under section 180 of the United Provinces Tenancy Act, 1939 (the Act). That is the only question which arises .for consideration in this appeal brought by the defendant in the suit.

#Reported in AIR 1977 All 370.

2. The suit relates to 10 plots of land of which the plaintiff is the proprietor and situated in District Muzaffarnagar. The suit was instituted for ejectment of the defendant appellant Lala Raghuraj Swarup (now represented by his legal representatives and hereinafter referred to also as the sub-tenant), who was granted a sub-lease in the suit properties by the original tenants, Raimal and Bhartu (the tenants) for a period of five years commencing from 1-1-1950 and expiring on 31-12-1954. However, on 14-9-1954 the tenants surrendered their interests in the holding to the plaintiff. The plaintiff thereupon issued notice dated 2-11-1954 to the defendant calling upon him to deliver vacant poss