HEERALAL Vs. BABULAL

JUDGEMENT

(1.) This appeal was'admitted by this Court vide order dated 26-3-2003 on the following substantial questions of law :-

(2.) Short facts of the case are that respondent filed a suit for eviction on 27-6-94 alleging that respondent is owner of the house situated at Village Bilkhed (Adalpura), Tehsil Bhikangaon, Distt. Khargone. It was alleged that appellant is in occupation of the suit accommodation as tenant @ Rs. 65/- per month. It was alleged that the tenancy of the appellant was terminated vide notice dated 16-6-93,which was duly served on the appellant. It was alleged that in spite of termination of tenancy neither the notice was replied nor the suit accommodation was vacated. In the suit it was prayed that decree of eviction be passed against the appellant. The suit was contested by the appellant on various grounds including on the ground that notice issued by the respondent was not valid and was not competent to terminate the tenancy. It was prayed that suit be dismissed. After framing of issues and recording of evidence suit was decreed against which appeal was filed, which was dismissed, hence this appeal.

(3.) Learned Counsel for the appellant submits that the impugned judgment passed by the learned Courts below is illegal and deserves to be set aside. Learned Counsel submits that notice, which was issued by the respondent under Section 106 of T.P. Act was not competent to terminate the tenancy as contemplated under Section 106 of the Act. It is submitted that since notice was not satisfying the requirement of Section 106 of T.P. Act, therefore, learned Courts below committed error in decreeing the suit filed by the appellant. It is submitted that appeal be allowed and the impugned judgment be set aside.