SAVITRI DEVI Vs. II ADDL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) This is a landlords' petition. It arises out of a suit filed by the Petitioners against Respondent No. 2 Sri K.K. Dixit, the tenant of the premises in suit, for the latter's ejectment as well as for recovery of arrears of rent and damages.

(2.) Shortly stated, the plaint case was that the Respondent No. 2 was a tenant of the Petitioners on the first floor of house No. 43/16, Narial Bazar, Kanpur. The house originally belonged to one Gopal Dass and some others. It was purchased by the Plaintiffs on 29-3-75. The Defendant fell into arrears of rent. The Plaintiffs thereupon served a composite notice of demand and termination of tenancy dated 20-4-1976 under Section 106 of the Transfer of Property Act, which was duly served on the Defendant. The Defendant neither paid the arrears of rent within time, nor vacated the premises; and hence the suit.

(3.) The suit was contested by the tenant, who asserted that there were no arrears of rent due and that in any case, the notice served by the Plaintiffs had been waived by them subsequently.