BHAGWANA Vs. SHIB SAMETRI PRASAD

JUDGEMENT

(1.) This is an appeal by the defendant in suit for ejectment from two shops belonging to the temple of Savitriji of which the plaintiff is the manager. Most of the questions in dispute in the Courts below are now concluded by findings of fact. This appeal has been urged before me on three grounds.

(2.) That the notice to quit given by the plaintiff was invalid on the ground that it did not terminate on the expiry of a, month of the tenancy as required by Section 106 of the Transfer of Property Act.

(3.) That the notice was invalid under the Full Bench ruling in 7 All. 899, because it gave the defendant an option to pay enhanced rent.