Malik, C.J. - (1.) This is a defendant's, appeal against a judgment of a learned single Judge of this Court. The defendant was a month-to-month tenant of a house. The plaintiff gave a notice on 22-1-1948, requiring the defendant to vacate the house in suit by 29-2-1948. The suit out of which this appeal has arisen was filed on 16-3-1948, for ejectment and arrears of rent. Rent was claimed from 1-10-1946, to 30-6-1947, at the rate of Rs. 37/8/-, and again from 1-10-1947, to 29-2-1948, at the same rate. For the period during which the defendant had continued to occupy the premises after 29-2-1948, that is, from 1-3-1948, to 15-3-1948, damages were claimed at the rate of Rs. 56/4/-per month. As the U. P. (Temporary) Control of Rent and Eviction Act (3 of 1947) was applicable the plaintiff had taken the permission, of the District Magistrate under Section 3 on 27-5-1947, and the plaintiff relied on the permission for his right, to institute the suit. The relevant portion of Section 3 is as follows: "No suit shall, without the permission of the District Magistrate, be filed in any Civil Court against a tenant for his eviction from any accommodation, except on one or more of the following grounds, (a) that the tenant has wilfully failed to make payment to the landlord of any arrears of rent within one month of the service upon him of a notice of demand from the landlords;........" The exceptions to Section 3 were not of importance as according to the plaintiff he had taken the permission of the District Magistrate and by giving a valid notice to quit had terminated the tenancy with effect from 29-2-1948.
(2.) On behalf of the defendant two points were raised, firstly, that the plaintiff could not avail himself of this permission as the permission had exhausted itself, and secondly, that the plaintiff was not entitled to claim damages for the period during which the defendant was holding over. The trial Court held in plaintiff's favour on both the points with the result that he decreed the plaintiff's suit for recovery of Rs. 408/12/- only as rent upto 15-3-1948. The relief for ejectment was refused.
(3.) On appeal by the plaintiff the lower appellate Court decreed the suit for ejectment and also allowed the plaintiff damages for the period during which the defendant had held over, i.e., from 1-3-1948 to 15-3-1948.;