Malik, J. - (1.) THIS is a defendant's appeal in a suit for ejectment and damages. The plaintiffs had let out the building and machinery of an ice factory situate in Meerut to Har Sarup, appellant, under a deed dated 16th May, 1934, which was for a period of five years, the lessee being required to pay Rs. 50 per mensem as rent. In the lease it was provided that, if the lessee spent, money in charging the machinery or in fixing new machinery, then the lease was to be extended for a further period of five years. It is not necessary to set. out the other terms in the document as the plaintiffs filed a suit No. 89 of 1940 for ejectment of the appellant on the ground that the appellant had committed breaches of certain terms which entitled the plaintiffs to eject. That suit ended in a compromise and under the compromise the lessee Was required to pay a sum of Rs. 5,000 to the lesser and he was allowed to remain in possession of the property for a further period of five years from the date of the compromise. On the expiry of the five years this suit was filed on 9th November, 1944. During the pendency of this suit an order known as the Meerut House Control Order, 1945, was issued under Rule 81 (2) (bb) and (f) of the Defence of India Rules, by the District
(2.) MAGISTRATE of Meerut. Rule 14 of this rule was as follows: - No landlord shall evict any tenant from any building and no person shall file a suit in any civil court for the eviction of any person without the permission in writing of the Controller. The word 'Building' was defined as follows : - 'Building' means the whole or any part of, a building, irrespective of the purpose for which it may have been constructed or designed, and includes all fittings, gardens, and houses, quarters, and other appurtenances ordinarily attached thereto, fittings include electric wiring and appurtenances, water taps, hand pumps, curtain brackets, and all fixtures which are usually fitted in the house or supplied by the owner. The term 'building' includes shop or business premises.
(3.) THE definition of the word 'building' was wide enough to cover the premises which were used here for the business of manufacturing ice.;