RAM MISHRA Vs. SANTOSH KUMAR AGRAHRI

JUDGEMENT

(1.) THE S.C.C. Suit No. 2 of 1985 was filed by the landlords against the petitioner for arrears of rent and ejectment and the same was allowed by the order dated 30.10.2010. Being aggrieved by the order dated 30.10.2010, the petitioner filed a SCC Revision No. 7 of 2010 and the said revision was dismissed? by judgment and order dated 19.5.2011.? Hence, the present writ petition. Heard learned counsel for the petitioner and Smt. Anita Tripathi holding brief of Sri. B. G. Tripathi, Advocate, learned counsel for the respondents.

(2.) THE only ground taken by the learned counsel for the petitioner is that the notice issued under Section 106 of the Transfer of Property Act (in short 'Act') was not served upon him by the landlord, as such, the suit itself was not maintainable.

(3.) AS urged by the learned counsel for the petitioner, one year's time is granted to the petitioner to vacate the premises in dispute provided the petitioner gives his undertaking in the form of an affidavit before the prescribed authority within one month from today specifically stating therein that he will handover the peaceful possession of the said accommodation to the landlord opposite parties without inducting any third person within a period of one year from today.? It is further provided that the petitioner shall pay the entire arrears of rent including the? rent at the rate of Rs. 500/- per month upto the date of delivery of the vacant possession of the disputed premises within one month from today.