S.S.Dhavan, J. - (1.) This is a plaintiff's second appeal against the decision of the learned Additional Civil Judge, Bulandshahr dismissing its suit for the ejectment of the defendant. The plaintiff is the deity of Bhagwan Sri Krishenji Maharaj Virajman Mandir Khanpur and filed this suit through its manager Ganga Saran. It was alleged in the plaint that Ganga Saran was the manager of the deity and had let out to the defendant a plot of land belonging to the plaintiff at a rental of Rs. 2/- per month, the tenancy commencing from the 1st of October, 1950. The defendant defaulted in payment of rent and a notice under Section 106 of the Transfer of Property Act was served of him,
(2.) The defendant resisted the suit and contended that he had taken the land on lease from a man called Raghubir Saran and paid rent to him. He denied that Ganga Saran who is alleged by the plaintiff to have made the agreement was the manager of the deity.
(3.) The trial Court disbelieved the defendant and decreed the suit for ejectment. In appeal the learned Judge held that the land had not been leased out to the defendant by Ganga Saran as alleged by the plaintiff but by Raghubir Saran. He also found that the date of the commencement of the tenancy was not the 1st of October 1950, but the Janamashthmi day of August, 1951. He also held that the question whether Ganga Saran or Raghubir Saran had let out the land was immaterial as Raghubir Saran had not claimed any interest adverse to the deity and it was open to the plaintiff to adopt the act of Raghubir Saran. But the learned Judge dismissed the plaintiff's suit on the ground that the notice under Section 106 of the Transfer of Property Act was invalid. Aggrieved by this decision the plaintiff has come to this Court in second appeal.;