H.M. TRADERS Vs. BHUPINDER SINGH

JUDGEMENT

(1.) THE respondent filed a suit for eviction and recovery of arrears of rent, alleging that the premises were let out to the defendant -appellant and were exempted from the provisions of the Rent Act. Notice of termination of tenancy was duly served but the defendant -appellant failed to vacate the premises.

(2.) THE appellant contested the suit, interalia on the plea that no valid notice was served under Section 106 of the Transfer of Property Act, 1882 (for short, the Act). Exemption from Rent Act was not denied. It was further pleaded that after service of notice of termination, the plaintiff also filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for eviction alleging that the defendant -appellant was tenant which amounted to waiver of notice of termination.

(3.) REFERENCE was made to decision of the Andhra Pradesh High Court in Yerrabhothula Krishna Murty and Ors. v. : AIR1988AP193 , judgment of a Full Bench of this Court in Bhaiva Ram v. Mahavir Parshad : (1968)70 P.L.R. 1011 was distinguished. The plea of waiver was rejected on the ground that intention of parties had to be seen and since suit for eviction was pending, filing of petition for eviction on the ground of non -payment of rent before the Rent Controller could not give an inference that the tenancy was intended to be created thereby.