GEETA PRASAD Vs. MOHD LATIF

JUDGEMENT

(1.) The revision under Section 25 of the Provincial Small Causes Court Act, 1887 has been preferred by the landlord/landlady against the judgment and order dated 15.10.2010 passed by the Additional District Judge in exercise of powers of Small Causes Court dismissing the suit of the landlord for eviction of the tenants on the ground that the notice terminating tenancy is defective and invalid.

(2.) The dispute in the suit giving rise to this revision is regarding shop no. 54 Civil Lines, Bareilly. In the said shop the tenants are doing business in the name of M/s Alishan Furniture. The tenancy was determined by the landlord vide notice dated 14.2.2006 which was served upon them on 18.2.2006. The notice not only determined the tenancy but demanded arrears of rent from 15.9.2004 to 24.3.2006.

(3.) It seems that the landlord after determining tenancy under Section 106 of the Transfer of Property Act, 1882 (in short TP Act) instituted the suit for eviction of the tenants. The tenants objected to the suit inter alia on one of the grounds that the notice determining tenancy had not been given on behalf of all the landlords therefore, the suit for their eviction by one of the co-landlords is not maintainable.