B.N.Sapru, J. - (1.)The plaintiff is the landlord and the defendant was a tenant. This plaintiff filed a suit for the eviction of the defendant from the land in dispute. The trial court decreed the suit for eviction. The lower appellate court dismissed the appeal filed by the defendant and hence the present second appeal filed by the defendant.
(2.)The plaintiff's case was that open land was let out to the defendant and as such the U.P. (Temporary) Control of Rent and Eviction Act did not apply to the accommodation in dispute.
(3.)It has been found that the plaintiff let out the land in dispute to the defendant w.e.f. 1-4-51 for a period of one year. Thereafter, the defendant continued to hold over and paid rent to the plaintiff till the tenancy of the defendant was determined by a notice under Sec. 106 of the Transfer of Property Act.