HODEL SINGH Vs. VAISHYA SOCIETY REGISTERED KHAIR

JUDGEMENT

(1.) HEARD Sri P.N. Saxena, learned senior advocate assisted by Sri R. C. Pal for the petitioner and Sri A. K. Gupta for the contesting respondent.

(2.) THIS petition is directed against concurrent orders dated 27.2.2009 and 22.1.2009 by which the suit for eviction filed by the respondent- landlord has been decreed against the petitioner by both the courts below.

(3.) THE trial court vide its impugned judgment held that the Act was not applicable to the premises in dispute on both counts and further that the notice under Section 106 of the Transfer of Property was valid but since it was a simplicitor notice terminating the tenancy, the petitioner was not entitled to benefit of Section 114 of the Transfer of Property Act (here-in-after referred to as T. P. Act) and on the question of sub-tenancy, it held that the petitioner had created sub-tenancy. THE aforesaid judgment has been upheld in revision.