SETH, J.

( 1 ) THE suit out of which this appeal has arisen was instituted in the Court of a Munsif to evict the appellant from an accommodation, occupied by him in the town of Baldeo as a tenant of the plffs.-respondents. It is not necessary to recapitulate the pleas raised in defence. It is sufficient to state that the Munsif overruled all of them and decreed the suit. The U. P. (Temporary) Control of rent and Eviction Act, III (3) of 1947, hereinafter referred to as the Act, was extended to the town of Baldeo during the pendency of the appeal by the deft, against the decree of the Munsif in the lower appellate Court. This enabled the deft, appellant to set up, in the lower appellate Court, an additional plea based on Section 15 of the Act which reads :

"in all suits for eviction of a tenant from any accommodation pending on the date of the commencement of this Act, no decree for eviction shall be passed except on one or more of the grounds mentioned in Section 3. "

It was contended on his behalf that as the suit was not filed on any ground mentioned in Section 3 of the Act, a decree for eviction could not be passed against him therein. The lower appellate court repelled all the co