VITHALRAO NARAYANRAO AGRE DEAD Vs. SURENDRAKUMAR

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree passed in Regular Civil Appeal No. 11 of 1994 by the Additional District Judge, Gondia, thereby allowing the Appeal and reversing the judgment and decree passed in Regular Civil Suit No. 424 of 1987 by the Civil Judge, Jr.Dn., Gondia, on 5.1.1994.

(2.) Appellants are the legal heirs of deceased original defendant and respondent is the original plaintiff. For convenience, they are being hereinafter referred to as defendant and plaintiff, as they were before trial Court. The plaintiff being the landlord of Block No.3, situated in the chawl on sheet no. 4, plot no. 8/14, 8/15 and 8/24, at Railtoli, Gondia, hereinafter referred to as suit premises, filed a suit against his tenant, the defendant, for recovery of possession of suit premises and damages, after obtaining necessary permission to issue quit notice from the Rent Controller.

(3.) The plaintiff submitted that after receiving necessary permission, he had issued several notices under Section 106 of Transfer of Property Act, 1882, to the defendant informing him that the tenancy had been terminated and calling upon him to vacate the suit premises by the end of 15.9.1987. It was the contention of the plaintiff that five quit notices issued by him to the defendant were returned unserved, but the sixth notice issued on 28.8.1987 was received by him. He had also submitted that additionally he had sent quit notice through telegram. As the defendant did not respond to these notices, the plaintiff' filed the aforestated suit against the defendant.