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1995 Supreme(SC) 815

M.M.PUNCHHI, SUJATA V.MANOHAR
Janki Devi Bhagat Trust, Agra – Appellant
Versus
Ram Swarup Jain – Respondent


Advocates:
C.S.VAIDYANATHAN, Gopal Singh, P.K.JAIN

Judgment

Mrs. SUJATA V. MANOHAR, J. :- The appellant-trust had given shop premises No. 1930/1 situated in Mohalla Ghatia Azam Khan, Agra, belonging to the appellant to the original respondent on lease at a monthly rent of Rs.75/- sometime in 1954. The terms relating to the tenancy which were agreed upon between the parties were reduced to writing. This document is Ex. 12. It is, however, not registered. As the respondent did not pay any rent to the appellant since 1-1-1960 the appellant served a notice to quit dated 27-3-1961 on the respondent and filed a suit for ejectment and recovery of arrears of rent. The suit was decreed by the Trial Court but was dismissed by the appellate Court on the ground that the appellant was not a registered body and all the trustees of the trust had not joined in the suit. The appellant-trust thereafter got itself registered on 8-5-1963. The appellant served a notice to quit on the respondent which is dated 30th of May, 1963. The notice period is 30 days. As the respondent failed and neglected to comply with the notice the appellant filed a suit against respondent for ejectment and recovery of arrears of rent and other consequential reliefs. The suit








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