SMT. VIDYA WATI Vs. HAR PYARI

JUDGEMENT

(1.) A learned Single Judge noticing an apparent conflict between two decisions of this Court, namely Shafiqa and Ors. v. Maqsood Ahmad, 1970 AWR 100, decided by H.N. Seth, J. and Smt. Vishnawati v. Bhagwati Vithuchowdhri, 1969 ALJ 1131, decided by Gursaran Lal, J. referred the following two questions for answer by a Division Bench:

(2.) WHETHER a notice served on one of the heirs of a deceased tenant but addressed to all the heirs though not served on all of them, terminating the tenancy under Section 106 of the Transfer of Property Act will be effective in law for terminating the tenancy of all?

(3.) LET the papers of the case be now placed before the learned Single Judge for decision of the second appeal in accordance with law.