KHAIR MOHAMMAD Versus AIJAZ HUSSAIN
ORDER
1. WAHIDUDDIN AHMAD, J.‑ The dispute between the parties is in respect of house No. C/406, Chital Chawri, Hyderabad. Respondent filed an application before the Rent Controller for the ejectment of the petitioner on the ground that it was reason able and in good faith required by him for his own use as he was suffering from T. B. The learned Rent Controller by order dated the 19th September 1968, granted the application. This order was also upheld by the Additional District Judge, Hyderabad in Civil Appeal No. 265 of 1969. The matter was then taken to the High Court and Second Rent Appeal No. 122 was dismissed on the 27th April 1970. The High Court held that the property was required reasonably and in good faith by the respondent for his personal use. The High Court, however, did not allow the petitioner to raise the plea that no notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act was served upon him. The petitioner seeks permission to file an appeal against the said judgment.
2. In support of the petition Mr. Abdul Hameed Khan, learned counsel for the petitioner has contended that the property in dispute is an evacuee property and the respondent filed the ejectment application without giving notice to the petitioner under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act of 1958. The contention of the learned counsel has not impressed us. This point was not raised in the trial Court. The only plea that was taken in the trial Court was that the suit was not maintainable. No issue was, therefore, framed under section 30 of the Displaced Persons Act. In these circumstances, the High Court was perfectly justified in not allow ing the petitioner to raise for the first time the plea of notice under section 30 of the Displaced Persons Act.
3. The point raised by the learned counsel for the petitioner is a mixed question of fact and law and cannot be allowed to be e raised in these proceedings. There is no force in the petition which is dismissed.