Grover, J. - (1.) This is an appeal by Special leave from a judgment of the Allahabad High Court.
(2.) The facts may be shortly stated. Harbans Lal deceased, now represented by the respondents, let out certain land to one Mistri Ibrahim in January 1941 at a monthly rent of Rs. 12/-. The rent was later on increased to Rs. 24/- with effect from February 1948. According to the respondent the present appellant colluded with the tenant, Mistri Ibrahim, and entered into possession of the land sometimes before 1950. Mistri Ibrahim ultimately left for Pakistan and the appellant was recognised as his tenant by Harbans Lal on the same terms and conditions. Harbans Lal died in November 1954 and left a will in which he created a trust known as Harbans Lal Charitable Trust. In 1959 after serving a notice on the appellant in accordance with the provisions of the Transfer of Property Act terminating the tenancy the respondent filed a suit for ejectment. The Suit was contested by the appellant on the ground, inter alia, than when the land was let out to him it had a roofed varandha and kothri. Mistri Ibrahim had installed a workshop and in 1949 the appellant acquired the goodwill, workshop and business of Mistri Ibrahim and settled on the land with the consent and permission of Harbans Lal. He also constructed a permanent building by investing a sum of Rupees 40,000/- with the knowledge and consent of Harbans Lal. The main plea was that the suit was barred by Section 3 of the U.P. (Temporary) Control of the Rent and Eviction Act, 1947, (U. P. Act No. III of 1947), hereinafter called the 'Act'.
(3.) After framing the necessary issues and trying them the trial Court decreed the suit for ejectment as well as for recovery of Rupees 314.80 as arrears of rent. The appellant filed an appeal to the Court of the Additional Civil judge who dismissed the same. The appeal to the High Court also failed.;