The Judgment of the Court was delivered by THOMMEN, J. This appeal by,leave arises from the judg ment.
Of the Full Bench of the Allahabad High Court in Second Appeal No.
Holding that the suit was number maintainable, they stated that, in view of the fact that the defendant was holding the land as a sub tenant, he was liable to be ejected only in terms of section 175, and number section 180, and had the suit been brought under section 175, it would have been stayed in terms of the Government Notification dated January 23, 1953 stating that all suits, applications or proceedings under section 175 were stayed.
Shanti Bhushan, J.P. Goyal, Satish Chandra, V.M. Tar kunde.
The plaintiff thereupon issued numberice dated 2.11.1954 to the defendant calling upon him to deliver vacant possession of the land to the plaintiff on 31.12.1954 which was the agreed date of expiry of the sub lease.
The suit relates to 10 plots of land of Which the plain tiff is the proprietor and situated in District Muzaffarna gar.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
R.P. Singh, A.K. Shukla, J.M. Khanna, M.R. Bidsar, K. Gupta.
The suit was instituted for ejectment of the defendant appellant Lala Raghuraj Swarup .
Vijay Kumar Verma, Ms. Shefali Khanna, P.K. Chakraborty and R.C. Verma for the appearing parties.
937 of 1977.
number represented by his Legal Representatives and hereinafter referred to also as the sub tenant , who was granted a sub lease in the suit properties by the original tenants, Raimal and Bhartu the tenants for a period of five years companymencing from 1.1.1950 and expiring on 31.12.
Since the defendant failed to companyply with that de mand, the plaintiff instituted the suit for ejectment under section 180 of the Act.
2746 of 1965.
Various companyntentions were, raised by the defendant in answer to the plaint allegations and all of them, except the question whether the suit was maintainable under section 180 of the Act, were rejected by the trial companyrt as well as by the first appellate companyrt.
However, on 14.9.1954 the tenants surrendered their interest in the holding to the plaintiff.
