DEENANATH SINGH Vs. SHIV PRASAD DUBEY

JUDGEMENT

(1.) HEARD Sri P.K. Ganguley, learned counsel for the petitioner and Sri Ajai Kumar Singh, learned counsel for the respondent.

(2.) THIS writ petition has been filed by a tenant against an order passed by the Judge Small Causes Court by which the landlord's suit for arrears of rent and ejectment has been decreed and the revision filed by the petitioner has been dismissed.

(3.) THE main argument raised on behalf of the petitioner is that the notice sent under Section 106 of the Transfer of Property Act is invalid in view of the fact that tenancy of the petitioner has been terminated in the notice and arrear of rent from 1982 to 2000 was demanded . It is admittedly barred by time. As the validity of the notice was challenged and it is not in consonance with the provisions of law, the total proceeding is vitiated. Reliance has been placed upon a judgment delivered in the case of Hakim Ziaul Islam Vs. Mohd. Rafi reported in A.I.R. 1971 Allahabad page 302. The learned counsel for the petitioner has placed reliance upon paragraphs 4 and 5 of the said judgment which are quoted below: