SK. HYDER ALI Vs. RAJKISHORE SAHU AND ORS.

JUDGEMENT

(1.) THIS is Defendant's second appeal arising out of a suit brought by the Plaintiffs for ejectment and for recovery of arrears of rent in respect of the house situate in Buxibazar, town Cuttack. The Plaintiffs purchased the suit house from the previous owner Ganesh Prasad Bhagat by a registered Kabala dated 18 -6 -48. Thereafter intimation was given to the Defendant to pay all the arrears and to vacate the house. Eventually the Plaintiffs obtained an order of exemption from the House Rent Controller as they required the house for their personal use. They also served a notice dated 11 -6 -49 demanding the Defendant to quit the house on the expiry of the month of Tenancy. The defence is that there was no proper service of notice to quit. Both the courts below having decreed the Plaintiff's suit, the second appeal has been brought by the Defendant.

(2.) THE point raised on behalf of the Defendant is that there has been no valid service of notice as contemplated Under Section 106 of the T.P. Act. The relevant portion of the section runs as follows:

(3.) IN conclusion, therefore, the appeal fails and is dismissed with costs.