BHAWANI DAS AND ANOTHER Vs. KAYESTHA PATHSHALA, ALLAHABAD

JUDGEMENT

(1.) - This is a defendant's appeal arising out of a suit for ejectment of the tenant from the premises in dispute and for recovery of arrears of rent, etc.

(2.) The case of the plaintiff in brief was that the tenancy was a monthly tenancy commencing from first of the month and ending with the last date of the month. The defendant-tenant had defaulted in payment of rent and had also sublet the premises without authority of law, The notice of termination of the tenancy under S. 106 of the T. P. Act was given and the defendant was required to vacate after thirty days of the notice. Tenant's plea, inter alia, was that the notice given to him was not in accordance with law because the lease was for manufacturing purpose and there was also an agreement between the parties at the time of the making of the lease to the effect that six months' notice will be given to terminate the tenancy.

(3.) The trial court held that the notice under S. 106 of the T. P. Act was valid and the defendant had illegally sublet the premises. On these findings the trial court decreed the suit for ejectment. Lower appellate court dismissed the defendant's appeal.