R S NEGI Vs. VISHNU SAHAI VERMA

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri M. A. Qadeer learned Counsel for the revisionist and Sri Hari Ashok Kumar learned Counsel appearing for the caveator/opposite party No. 1.

(2.) THIS is a revision under Section 25 of Provincial Small Causes Court Act against the judgment and decree dated 7-12-2005 passed by the I Additional District Judge, Court No. 3/judge Small Causes Court, Allahabad in S. C. C. Suit No. 32 of 2004, Vishnu Sahai Verma and Anr. v. R. S. Negi.)

(3.) THUS, where the lease is determined by means of a notice by the lessor, it has to expressly denote his intention that he does not want the lessee to remain in possession after the period mentioned in the notice expires. A notice terminating the tenancy and requiring the lessee to vacate the premises on expiry of thirty days from the date of service of notice on the lessee leaves no scope for the lessee but to vacate the premises. Sri Qadeer has placed reliance on a decision of Division Bench of this Court Abdul Jalil v. Hazi Abdul Jalil, AIR 1974 Allahabad page 402. In the said decision, this Court has given certain illustration to elucidate terms to be incorporated in a notice where the lessor intends to determine the tenancy of the lessee. For ready perusal, illustration given in paragraph No. 10 of the said decision is quoted below: (10) Bearing in mind these general principles let us examine some of the usual types of notices that come before the Court and in that connection also consider the notice which is involved in the present second appeal. These cases are obviously illustrative and not exhaustive : (A) You are hereby informed or you are given this notice that your tenancy shall stand determined on the expiry of thirty days from the date of service of this notice. (B) You are informed that your tenancy will determine on the expiry of thirty days from the date of service of this notice and you are called upon to vacate the premises on the expiry of the said period of notice failing which a suit for ejectment shall be filed against you. (C) I do not want to keep you as my tenant. You are therefore given this notice and required to vacate the premises on the expiry of thirty days from the date of service of this notice on you. (D) Your tenancy is terminated with effect from today and you are required to vacate the premises on the expiry of thirty days from the date of service of this notice on you. (E) Your tenancy is terminated and you are required to vacate the premises on the expiry of thirty days from the date of service of this notice failing which a suit for ejectment, shall be filed against you. (F) You are given this notice to quit or vacate the premises on the expiry of thirty days from the date of service of this notice failing which a suit for ejectment shall be filed against you. (G) You are required to vacate the premises on the expiry of thirty days from the date of receipt of this notice.