R.N. Gurtu, J. - (1.) In this case, the landlord, who is the Appellant before us, obtained a decree for ejectment of the Respondent on 5-7-1944. The decree was put into execution after the U.P. (Temporary) Control of Rent and Eviction Act (Act III), 1947 came into force on the ground that the Appellant had made a wilful default in payment of rent.
(2.) An objection was taken by the Respondent judgment-debtor, the tenant, and the dispute finally came up to this Court in second appeal No. 613 of 1952. this Court while disposing of that appeal, passed the following order:- "On the facts stated, I am unable to hold that there was wilful default on the part of the tenant within the meaning of section 3 (2) of the Rent Control Act (Act III of 1947). Learned Counsel for the tenant has given an assurance that the tenant would be prepared to increase the rent to Rs. 115/- per mensem. Learned Counsel for the landlord decree-holder Respondent agrees to allow the tenant to continue to stay in the house on this term. After taking every fact and this arrangement into consideration, I allow the appeal. But it must be understood that, if there is any default in the payment of the agreed rent of Rs. 115/- per mensem for a continuous period of two months, the decree for ejectment will become executable forth-with. The tenant undertakes to make the payment within the first week i.e.up to the 7th of each month. There will be no order as to costs."
(3.) Thereafter the present application for execution, of the decree dated 5-7-1944 was made on 2-12-1954 on the allegation that the Appellant had made a wilful default in paymnent of rent for two months. An objection was taken that having regard to Sections 3 and 14 of Act III of 1947, as amended by the amending Act (Act No. XVII of 1954) the judgment debtor was not liable to be ejected, unless he was in default of three months' rent. The executing court overruled the objection but the court below took the view that having regard to the amendments made in 1954 in section 3 of the 1947 Act, default in respect of three months' rent was essential to render a tenant liable to be evicted and inasmuch as the judgment-debtor was admittedly in arrears only in respect of two months' rent, he could not be said to be in default of three months' rent and could not be ejected.;