ORDER

S.S. Dhavan, J. - This is a tenant's second appeal from the decree of Addl. Civil Judge, Mathura confirming a decree of Addl. Munsif Mathura for his ejectment from a plot of land. The Defendant Appellant Mawasi Ram was the tenant of a piece of land of which Sheikh Kannoo is the landlord. The Plaintiff alleged that the Defendant had agreed to pay rent at the rate of Rs. 3/- p.m. but fell in arrears, whereupon the Plaintiff terminated the tenancy by a notice u/s 106 of the Transfer of Property Act and asking the Defendant to vacate the land; that the Defendant continued to occupy the land in spite of notice; hence the suit. The Defendant contended that the suit was incompetent as it had been filed without the permission of the D.M. Both the courts below held that the plot of land was not an accommodation within the meaning of Section 2 of the UP Control of Rent and Eviction Act and therefore the permission of the D.M. was not necessary. The trial court decreed the suit and the lower appellate court dismissed the appeal of the Defendant who has come to this Court in second appeal.

2. Mr. S.C. Asthana learned Counsel for the Appellant urged only one point before me. He contended th