Lindsay, J - (1.)This appeal has arisen out of a suit filed by the Secretary of State for India in Council in the Court of the Subordinate Judge of Meerut for the purpose of obtaining a declaration that a deed of sale executed by the first defendant, Baghubar Dayal, in favour of the second defendant, Mr. Thomas Singlehurst, on the 28 July 1919 and registered on the 9 August 1919 was null and void and ineffectual on the ground that the previous consent of the Military authorities had not been obtained, and that the transfer was detrimental to the interests of the Military officers in the Meerut Cantonment.
(2.)The reason for the suit is indicated in para. 6 of the plaint.
(3.)Under Section 11 (c) of the Cantonments (House Accommodation) Act of 1902 (Act II of 1902) which was in force at the time the suit was brought, no notice under Section 6 of the Act can issue in respect of a house in Cantonment occupied by the owner; in other words, where the owner of such a house is in aotual occupation he cannot be required, by notice under Section 6, to let the house to a Military officer. The declaration sought for in the plaint was, therefore, being asked for in order to have it established that the Military authorities were not under any legal obligation to treat the second defendant, Single-hurst, as the owner of the house conveyed by the deed in question for the purposes of the Act just referred to.