HARI SHANKAR Vs. CHAITANYA KUMAR AND OTHERS

JUDGEMENT

(1.) This case comes to us on reference by a learned Single Judge. For deciding the case only a few material facts need be stated.

(2.) We are concerned with the shop No. 185, Bazar Lal Khare, Bulandshahr. Ghaitanya Kumar and Prem Kumar are the owners of the shop. Tej Singh is the tenant of the shop. Hari Shankar is a partner of Tej Singh in the business carried on in the shop. Chaitanya Kumar and Prem Kumar obtained permission from the District Magistrate Bui-andshahr, for instituting a suit for eviction of Tej Singh. They gave notice to him to quit the premises. The notice was served on him on 16-10-1964. Thirty days' period mentioned in the notice expired on 16-11-1964. Thereafter they instituted a suit for his ejectment on 23-11-1964. Hari Shankar was also impleaded as a Defendant in the suit. After the institution of the suit the Plaintiffs accepted rent from Tej Singh for the months of October, November and December, 1964. This acceptance tempted the Defendants to deploy the doctrine of waiver in their favour. They pleaded that it amounted to the waiver of the notice to quit. An issue was framed on this point. The decision went against them. The point was re-canvassed before the Single Judge. He felt that as there is a conflict between two judgments of this Court, the matter should be decided by a larger Bench.

(3.) The facts of the two cases are materially different. So there is no apparent conflict between the decisions in these cases.