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4. The defence was that rent was not in arrears, as it had been paid in accordance with the mutual arrangement between the parties, that the suit was not maintainable & that the notice was illegal. The suit was dismissed by the trial Court, except that it passed a decree for arrears to the extent of Rs. 150. On appeal the lower appellate Court passed a decree for arrears of rent, that is, Rs. 175/-, for seven months up to the month ending prior to the filing of the suit ; and the rest was for the period subsequent to the filing of the suit. The plaintiff's prayer for ejectment was, however, disallowed on three grounds: (1) The learned Judge was of the opinion that the deft. was entitled to the benefit of Section 114, T. P. Act. (2) The learned Judge followed the decision of this Court in Makhan Lal v. Shankar Lal, (1944 A. L W. 591), in which case Allsop J. had held that a suit for ejectment should be decreed but the execution department should not eject the tenant in execution of the decree; and thirdly, on the ground that no rent was outstanding. So far as Section 114, T. P. Act is concerned we do not see how that had any relevancy to this case. That section provides for a relief against forfeiture. The tenancy here was not for a period, nor was there any question of any forfeiture or any relief against it. The case of Makhan Lal v. Shankar Lal has already been overruled. We do not see what relevancy to the decision of this case the last question that the rent was not outstanding had on the facts stated above. We have already quoted the order of the District Magistrate issued under the Defence of India Rules, which provided that, except where rent was outstanding, or the building was put to any use other than the use for which it had been rented, a suit for ejectment could not be filed without the sanction of the District Magistrate. Here, the suit having been filed with the sanction of the District Magistrate no restriction remained on the suit being decreed under order issued by the District Magistrate under the Defence of India Rules.

7. The result, therefore, is that we allow this appeal, modify the decree of the lower appellate Court & grant the plff. a decree for ejectment.

8. Learned counsel for the respondents has urged that we should make it clear that the provisions of Section 14 of the Act apply & the decree cannot be executed if the tenant is willing to pay 'reasonable annual rent' or the rent payable by him before the passing of the decree, whichever amount is higher. We do not think that it is necessary for us at this stage to express any opinion. It would be open to learned counsel to raise this point in the execution department, if an application for execution by ejectment is filed by the D. H. In view of the fact that this Act came into force during the pendency of this appeal we make no order as to costs of this appeal.