EAST INDIA SYNTEX LTD Vs. GAURAV MANGLA

JUDGEMENT

(1.) THE tenancy was terminated by legal notice of demand. The rent is admittedly more than Rs. 3,500/- per month.

(2.) IN view of the judgment of the Supreme Court reported as 1995 RLR 70, there would be no merit in this appeal with regard to the tenancy and its termination and its effect.

(3.) IN our view, the facts of the case in 1949 FCR 262 are such that there can be no application to the facts of the instance case inasmuch as in the case reported as 1949 FCR 262, there was a statutory protection given by the Bombay Rent Act against eviction of tenant, and in view of the statutory protection against eviction, the tenant continued as a tenant.