TRIVEDI, J. :- The following question on reference by a learned Single Judge of this Court has come for decision before this Full Bench.

"Is the plaintiffs suit (No. 16 of 1973) maintainable having regard to the provision of Order 2, Rule 2 of the Civil Procedure Code."

2. Atma Ram Srivastava is the landlord of a certain house let out by him to Sardar Balbir Singh on a monthly rent of Rs. 20/-. The defendant being in arrears of rent for April and May, 1968, his tenancy was terminated by a notice dated 22-5-1968 served on 4-7-1968 by which the defendant was asked to vacate the premises on the expiry of three months from service of notice and payment of two months arrears of rent was demanded. The tenant neither paid the rent nor vacated the premises. On 28-5-1969 Atma Ram Srivastava, opposite party in this revision, filed a suit against him in the Court of the Munsif South, Lucknow (Regular Suit No. 354 of 1969). In that suit he claimed a decree for arrears of rent and mesne profits without claiming ejectment of the defendant Sardar Balbir Singh. In Para. 5 of the plaint the plaintiff specifically reserved his right to file a suit for ejectment of the tenant and on 23-7-1969