LAWS(ALL)-2009-10-233

SHYAM BEHARI LAL Vs. KAMLA DEVI AND OTHERS

Decided On October 27, 2009
SHYAM BEHARI LAL Appellant
V/S
KAMLA DEVI Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) THIS writ petition has been filed for quashing the orders dated 14.1.1998 and 2.12.2000, Annexures-4 and 5 to the writ petition by which the suit filed by the petitioner being landlord for arrears of rent and ejectment has been dismissed and the revision has also been dismissed.

(3.) THE petitioner has placed reliance upon a judgment of this Court reported in ARC 1982 page 403 in the case of Smt. Ram Murti Devi Vs. Addl. District Judge, Meerut and others and para 13 of the judgment has been referred to. Taking support of the aforesaid judgment, learned counsel for the petitioner submits that it may be for manufacturing purposes, if the parties are agreed, that the tenancy would be from month to month irrespective of purpose of tenancy, then in that situation, one month notice is sufficient. Another judgment relied upon by the learned counsel for the petitioner is 2008 (2) ARC 370 rendered in the case of Triloki Nath Tandon Vs. A.K. Bhattacharya and reliance has been placed upon para 31 of the said judgement which is quoted below: