CHANDRA BHAN GUPTA Vs. VIITH A D J

JUDGEMENT

(1.) The petitioner filed a suit for eviction of respondent No. 4 from the premises in question alleging that the respondent No. 4 was in arrears of rent. A composite notice under Section 106 of the Transfer of Properly Act and under Section 80. C.P.C. was served upon the respondent, thereby terminating the tenancy. Inspite of terminating the tenancy, the respondent No. 4 did not vacate the premises nor paid the arrears of rent. Hence, a suit was filed for eviction of the respondent No. 4 before the Judge Small Cause Court.

(2.) During the pendency of the suit, the respondent did not deposit the monthly rent and accordingly, the defence of the respondent No. 4 was struck off. The Judge Small Cause Court, after determining the points in issue, decreed the suit for ejectment as well as for damages. The trial court held that the premises in question was a public building and that U. P. Act No. 13 of 1972 was not applicable. The trial court further held that the composite notice issued by the petitioner was a valid notice and the tenancy of the respondent was validly terminated. The trial court also gave a finding that the respondent No. 4 was in arrears of rent and that he had committed a default.

(3.) Aggrieved by the decision of the Judge Small Cause Court, the respondent filed a revision under Section 25 of the Provincial Small Cause Courts Act. The revisional court, by judgment dated 11.5.1984, affirmed the finding with regard to the default committed by the respondent in the payment of rent, but allowed the revision on the ground that the composite notice given by the petitioner was not a valid notice. The revisional court held that a composite notice could not be given and that separate notices under Section 106 of the Transfer of Property Act and under Section 80, C. P.C. was required to be given. Since separate notices were not given by the petitioner, the tenancy was not determined and therefore, no relief could be granted to the petitioner and, accordingly, allowed the revision of the tenant.