LAWS(P&H)-1972-9-29

SHIVJIT SINGH Vs. CHARAN SINGH

Decided On September 13, 1972
Shivjit Singh Appellant
V/S
CHARAN SINGH Respondents

JUDGEMENT

(1.) WILL the issuance of a second or third notice to quit the leased property, by the lessor to the lessee, per se amount to a waiver of the first such notice within the meaning of Section 113 of the Transfer of Property Act?

(2.) THIS is the primary legal question which arises for determination in this regular second appeal which is before the Full Bench on a reference. The point arises from facts which are neither complicated nor in serious dispute.

(3.) THE suit was resisted by the Defendant tenant inter alia on the ground that no valid notice was served upon him for terminating the tenancy and that the Plaintiff was not entitled to recover any damages or enhanced rent for use and occupation. He stated his willingness to pay the agreed rent of Rs. 92 which was alleged to be the prevailing rent in locality for similar accommodation and also made claims in regard to the electricity and water charges etc. On these pleadings the following issues were framed: