Oak, C.J. - (1.) THIS special appeal arises out of proceedings for ejectment under Section 7-B of the U. P. (Tempo rary) Control of Rent and Eviction Act (hereafter referred to as the Act). Qamar Ahmad Khan and two others are the owners of a certain house in the city of Allahabad. Ashraf Ali Khan has been occupying the house as their tenant. There has been litigation between the parties on the question of the amount of rent. The landlords have been pressing that the monthly rent is Rs. 35/- on the other hand, the tenant's case is that the monthly rent is Rs. 10/- only.
(2.) THE landlord got served on the tenant a notice claiming a sum of Rupees 560/- as arrears of rent for several months at the rate of Rupees 35/- p. m. The notice was served upon the tenant on 31-5-1961. On 1-6-1961 Ashraf Ali Khan tenant filed an applica tion in the Court of the Munsif, West Allahabad for permission to furnish secu rity for the sum demanded by the land lords. On 5-7-1961 Ashraf Ali Khan submitted a draft of a security bond, Chhedi Lal being the surety. The court fixed 15-7-1961 for orders. On 15-7-1961 the learned Munsif accepted the draft. The tenant accordingly furnished the surety bond executed by Chhedi Lal. Subsequently, the landlords filed an ob jection to the effect that the security bond had not been furnished within time. The matter was considered by the learned Munsif on 28-10- 1961. He upheld the objection raised by the landlords and decided that the security bond had not been furnished within the time allowed by law. It was, therefore, held that the tenant was liable to be evicted from the premises in dispute. This order of the learned Mun sif, West Allahabad dated 28-10-1961 was challenged by Ashraf Ali Khan by filing a writ petition. The writ petition has been dismissed by a single Judge of this Court. Ashraf Ali Khan has, therefore, filed the present special appeal.
(3.) THE question for consideration is whether Ashraf Ali Khan tenant fur nished a security bond within the time allowed by Section 7-B (which?) provides for service of notice on the tenant. The tenant has to show cause within 15 days of the service of the notice. Sub-sec tion (7) of Section 7-B states:- "If the tenant appears in reply to the notice under sub-section (3) and files an objection ...... the Munsif shall inform the applicant that he may, subject to pay ment of the court fee within such time, as may be specified, have the application treated as a plaint in a suit for recovery of rent alone: Provided that the tenant shall not be permitted to file any objection, unless he has deposited in Court the amount mentioned in the notice or furnishes secu rity to the satisfaction of the Court." ;