V.G. Oak, J. - (1.) THIS civil revision is directed against an order for ejectment passed by the learned Munsif (South), Lucknow, Under Section 7B of the UP (Temporary) Control of Rent and Eviction Act, 1947, thereafter referred to as the Acts.
(2.) SRI Babu Lal, opposite party, served upon Sridhar Shukla, applicant, a notice Under Section 7B of the Act claiming a certain sum as arrears of rent The notice was served upon Sridhar Shukla on 26 -8 -58, but he did not file an objection as contemplated by Section 7B of the Act. He filed his objection as late as 30 -1 -60. The same day the learned Munsif passed an order for his ejectment on the ground that, his objection was filed beyond time. This application Under Section 115, Code of Civil Procedure by Sridhar Shukla is directed against the Court's order dated 30 -1 -60. In his objection dated 30 -1 -60, Sridhar Shukla denied Babu Lal's title. The objector denied that Sri Babu Lal was the owner of the house in dispute. In paragraph 10 of the objection it was stated that, one Smt. Sukhdei is the present owner of the house in suit. In para 13 of the objection it was contended that, Sri Babu Lal is not the landlord of Sridhar Shukla, and consequently has no right to file the application Under Section 7B of the Act. The learned Munsif did not record any finding on the question whether Sri Babu Lal is the landlord or not. The Court observed that the objection could not he entertained, in view of the delay in filing it.
(3.) ADMITTEDLY , the objection dated 30 -1 -60, was filed a good deal beyond fifteen days mentioned in Section 7B of the Act. The question arises whether under such circumstances the Court should have entered into the controversy whether the relationship of landlord and tenant exists between the parties or not. In order to decide this question, the scheme of Section 7B of the Act will have to be examined.;