ALLAHABAD HIGH COURT
Malik, C. J. and Mushtaq Ahmad, J.
RAJ NARAIN - Appellant
Versus
SITA RAM KISHEN DAS - Respondents
Second Appeal 979 Of 1945
Decided On : 11/03/1950
( 2 ) IN the S. A. No. 979 of 1945 the facts are as follows. There was a suit filed for ejectment, the deft, being a tenant from month to month, the tenancy beginning from the 9th day of the Hindi month, on payment of a rent of Rs. 25 per month. On 29-3-1943, the plff.-landlord gave a. notice of ejectment on the ground that the tenant had defaulted in payment of rent was in arrears to the extent of Rs. 175. The plff. applied to the Dist. Mag. for permission to file a suit for ejectment. The permission was given by the Dist. Mag. by his order dated 19-10-1948-Ex. 1. and the suit, out of which this appeal has arisen, was filed on 14-12-1943, for ejectment and for a decree for arrears of rent.
( 3 ) IF rents were in arrears it was not necessary for the plff. to obtain permission of the-District magistrate in view of para. 4 of his order issued in June, 1942. That para is as follows:
"it is further ordered that where no sum on account of rent or allied dues are out-standing against a tenant and where his use of a building or part of a building is in accordance with the original terms of the letting, his eviction without his consent is forbidden, unless previous sanction of the District Magistrate, or the officer appointed by him, is obtained. "
It means that. If any portion of rent is outstanding, or if the building is being used for a purpose other than the purpose for which it was rented, then the landlord has a right to file a suit for ejectment without the permission of the District Magistrate. In all other oases he must obtain the permission of the District Magistrate before he can obtain a decree for ejectment. The plff. on his allegation that rents had not been paid and were outstanding, was not bound to apply for permission, but he did make an application and got the permission on 19-10-1943, as we have already stated above.
( 4 ) THE defence was that rent was not in arrears, as it had been paid in accordance with the mutual arrangement between the parties, that the suit was not maintainable and that the notice was illegal. The suit was dismissed by the trial Court, except that it passed a decree for arrears to the extent of Rs. 150. On appeal the lower appellate Court passed a decree for arrears of ren
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