JUDGMENT :- This second appeal arises out of a suit for ejectment of the appellant Farooq Ahmad from a shop. The suit of the respondent Muneshwar Bux Singh was decreed by the trial court and the judgment and decree of the trial court were maintained in the first appeal filed by Farooq Ahmad and decided by Sri R.S. Bhargava, District Judge, Barabanki. Farooq Ahmad then filed this second appeal in this Court.

2. The shop was admittedly taken on rent by Farooq Ahmad from Muneshwar Bux Singh. The latter claimed that a lease had been executed under which the tenancy was to terminate on 30-6-1965 unless the landlord agreed to continue the defendant as a tenant. A dispute was raised about the lease but it was held proved and no controversy has been raised in this court about this lease. Exhibit 4, having been executed by the appellant Farooq Ahmad. It is not in controversy that the appellant was retained as a tenant beyond 30-6-1965 and it was only on 13-2-1968 that a notice was sent to him for vacating the Shop. The suit was thereafter instituted on 23-4-1968 when Farooq Ahmad did not vacate the shop.

3. Two points arose for determination in the suit on the basis of the pleadings of the pa

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