CHIRANJIT LAL Vs. NARAIN SINGH

JUDGEMENT

(1.) ON 1st April, 1964, by a document, Exhibit P-1, Chiranji Lal gave his shop, which was situate in Bhadson, District Patiala, on a monthly rent of Rs. 30 to narain Singh for one year. The shop was not vacated by the tenant though according to the owner, he was orally asking him to do so. Chiranji Lal, however, continued accepting rent from the tenant. On 28th December, 1966, Chiranji Lal gave a notice, Exhibit D-15, to the tenant asking him to vacate the shop within two weeks. This notice was received by the tenant on 30th December, 1966. In january, 1967, a suit was filed by Chiranji Lal against Narain Singh for possession of the said shop on the ground that he had rented out the premises to the defendant for one year and the latter was not prepared to vacate the same, in spite of a notice having been issued to him in that behalf.

(2.) THE suit was contested by the defendant, who pleaded that the rent settled was rs. 24 and not Rs. 30 per mensem as alleged by the plaintiff. The notice according to the defendant, was invalid, because it was neither for the requisite period of 15 days nor did it expire with the end of the month of tenancy. It was also averred that the tenancy was renewed after the efflux of time and it then became a monthly tenancy.

(3.) THE trial Judge decreed the suit, holding that the rent of the shop was Rs. 30 per month, that the notice dated 28th December, 1966, was valid and that the tenancy had been renewed after the efflux of time and thereafter it became a monthly tenancy from month to month.