SHAMIM AHMAD ALVI Vs. AZIZUL RAHMAN KHAN

JUDGEMENT

(1.) THE present appeal is directed against the judgment and de cree of the 2nd Additional Civil and Ses-1 sions Judge, Moradabad, dated llth March, 1972.

(2.) THE facts leading up to this appeal are as follows:-

(3.) THE Additional Munsif accept ed the plaintiff's claim and decreed the suit for all the reliefs. He found that the accommodation in question was a post-1951 construction and, therefore, the ap pellant was not entitled to the protection of the old Act. He further found the notice under Section 106 of the Transfei of Property Act terminating the tenancy to be a valid one and the same havingbeen refused by the tenant will be deem ed to have been served by him.