RAM SEWAK LAL Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) One of the plaintiffs is the appellant in this second appeal. The suit in question had been filed on behalf of the plaintiffs for eviction of the defendant-respondent from the premises fully described in the schedule of the plaint. The ground for eviction was of personal necessity and default in the payment of rent.

(2.) According to the case of the appellant, he had issued a notice dated 5th July, 1967, under Section 106 of the Transfer of Property Act, which was served on the defendant-respondent on 9-7-1967. The defendant-respondent sent a reply to the said notice on 19-7-1967.

(3.) The learned Munsif having held that there has been default on the part of the defendant-respondent in payment of rent, dismissed the suit of the plaintiffs on the ground that the notice which was issued on behalf of the plaintiffs under Section 106 of the Transfer of Property Act was served on the defendant on 18-7-1967 terminating the tenancy by 31st July, 1967, which was invalid and as such tenancy was never determined. On that finding the suit for eviction was dismissed. The Court of appeal below has also affirmed the said judgment and decree dismissing the suit of the plaintiffs on the ground of want of proper notice under Section 106 of the Transfer of Property Act.