SAKHAWATRAI Vs. PREM NARAIN

JUDGEMENT

(1.) THIS revision is directed against an order of remand made under Section 151 of the Code of Civil Procedure by the learned District Judge, Gwalior.

(2.) THE facts material for this revision are that on August 3, 1959 Prem Narain previously instituted a suit for ejectment against the Petitioner, his tenant on the ground contained in Section 4 (m) of Accommodation Control Act. (This suit will be called the "previous" suit). It was numbered Civil Original Suit No. 171 of 1959 and was instituted in the Court of Third Civil Judge, Second Class; Gwalior. A notice determining the tenancy was given on 27 -3 -59.

(3.) IN the present suit, which was resisted by the Defendant the learned trial Judge passed a decree in favour of the Plaintiff for Rs. 110/ - as arrears of rent but dismissed the claim for eviction, holding that the tenancy was not validly determined by legal notice and the Plaintiff's notice dated 6 -12 -59 was invalid and ineffective.