Case: Sitaram Jaiswal &amp; Another Vs. Rai Amarnath Agarwala &amp; Others

2. The facts may be stated. A suit was filed under Section 172 of the U.P. Tenancy Act 1939, hereinafter called the Act, by the plaintiff against four defendants for ejectment. It was alleged in the plaint that defendants 3 and 4 were previously the original tenants of the plots in dispute which were situate within the limits of the town area of Phulpur in the district of Allahabad. The original tenants relinquished their tenancy rights and gave up possession. After this a patta for agricultural purposes was executed in the year 1368 Fasli in favour of defendants 1 and 2 Whereunder they got rights of agricultural tenants. Defendants 1 and 2 in violation of the provisions of the patta and the Act constructed a building on the plots in dispute and let that out to the State Bank of India, Phulpur. It was alleged that for the aforesaid reason the tenants namely defendants 1 and 2 were liable to be ejected. Defendants 3 and 4 were impleaded asdefendants. In the written statement it was pleaded inter alia, by defendants 1 and 2 that the building had been constructed by them with the sanction of the District Collector on April 4, 1960 when the Collector was the Receiver of the Phulpur Estate in which the demised plot was situate. The suit was dismissed by the Judicial Officer (City) Allahabad on the ground that the Collector who was acting as Receiver of the disputed land had given his consent for the construction of the building by the defendants which amounted to consent by thefor an improvement within Section 65 of the Act. The Additional Civil Judge on appeal, however, held that there was nothing on the record to show that the Collector gave his permission in his capacity as Receiver for construction of the building. The appeal was allowed by him and the suit for ejectment was decreed.

Reasoning: What appears to have happened is that his approval was sought by the Agent, State Bank for having a building for the branch of that bank in the area in dispute. Neither the Collector nor the Agent of the State bank was examined to show that what was intended was the consent or permission of the Collector as Receiver of the Estate. On this point there is also a finding of fact of the first appellate court that the Collector never gave his consent or permission in his capacity as Receiver. That finding was binding on the High Court and the High Court also did not come to any different conclusion. We do not find any force or substance in the argument addressed to us on thisdo not consider that Mr. Sen can derive any help from the provisions of Section 65 read with clauses (d) and (e) of Section 3(8). On his own contention even a written consent would have been of no avail to the defendant. Section 172 which relates to ejectment provides, inter alia, that a tenant shall be liable to ejectment on the ground of any act or omission detrimental to the land in that holding, or inconsistent with the purpose for which it was let. In the present case it is obvious and it has been so found by the appellate court and the High Court that the land has been let for an agricultural purpose and the defendants had sought to use it for a totally different purpose, namely, construction of a building to house a bank. Such a purpose was clearly inconsistent with the purpose for which it was let. Under Section 172, therefore, the suit for ejectment was clearly maintainable.