MANGAL DASS Vs. BAHADUR SINGH CHAUHAN

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 4.11.1989 of the first appellate court vide which it had set aside the judgment and decree dated 8.4.1989 of the trial court.

(2.) Mangal Dass (appellant-plaintiff) had filed a suit against Bahadur Singh Chauhan (respondent-defendant), seeking his ejectment from the disputed shop. The trial court decreed the suit but the first appellate court set aside the verdict and dismissed the suit.

(3.) The respondent was a tenant in the shop. The appellant terminated the tenancy by serving a notice on him, under Section 106 of the Transfer of Property Act (for short "the Act"). Inspite of that the respondent did not vacate the shop. So, after the expiry of stipulated period, the appellant filed ejectment suit against him on 14.10.1981, pleading that as the tenancy stood terminated by virtue of notice under Section 106 of the Act which was served upon him on 24.9.1981, he was entitled to get an order of ejectment against him.