V.D.Bhargava, J. - (1.) These are two connected special appeals against the judgment of a learned single Judge of this Court by the plaintiff of two different suits. They were connected because common questions of law arose. Both the appeals were disposed of by the learned single Judge by one judgment.
(2.) The facts of the case arising out of Regular Suit No. 165 of 1955 are as follows : The plaintiff claimed to be the owner of house No. 288/63 Aishbagh Yahiyaganj Ward, Lucknow, by means of a purchase dated 29-6-1953, Ex. 9. He alleged that defendant No. 1 was his tenant and defendant No. 2 was the sub-tenant, that he obtained permission from the Rent Control and Eviction Officer to eject the defendants and also gave notice under Section 106 of the Transfer of Property Act but since the defendants have not vacated the premises hence the suit. The plaintiff further alleged that the defendants were in arrears of rent and defendant No. 1 had sublet to defendant No. 2 and on that ground also they were liable to ejectment. The defence on behalf of defendant No. 1 was that he was not liable to ejectment on the ground of sub-tenancy of on the ground of arrears of rent, that the notice given under Section 106 was invalid and since the plaintiff refused to accept the rent, he was not entitled to any decree on the basis of arrears of rent. Defendant No. 2 pleaded that he had been unnecessarily impleaded. The trial Court framed the following six issues : 1. Whether defendant 1 committed default in payment of rent and if so its effect? 2. Whether defendant 1 was served with a valid notice?
(3.) Whether plaintiff obtained permission to eject the defendant No. 1?;