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2005 Supreme(SC) 1212

ARUN KUMAR, A.K.MATHUR
Jaswant Raj Soni – Appellant
Versus
Prakash Mal – Respondent


Judgment

Arun Kumar, J.—By the impugned judgment the High Court of Rajasthan decided two Civil Revision Petitions. Facts in both the cases are quite similar. The only question involved is about the maintainability of the eviction suits filed by the landlord appellants herein against the respondents tenants in the absence of one months’ notice to vacate the suit premises. The landlords instituted eviction petitions against their tenants on the ground of misuse of tenancy premises which had materially affected the premises and in the second case on the ground of bona fide requirement of the landlord for business of his son. The rent receipts issued by the landlord in both the cases have a printed condition as per which one months’ notice either oral or written is required to be given by the landlord to the tenant and the tenant is obliged to vacate the premises on such notice being given. Relying on the said condition the respondents in both the cases took objection that since required one months’ notice was not given by the landlord the eviction petition was not maintainable. As a matter of fact, in Jaswant Raj Soni’s case, a notice dated 9th October, 1991 was admittedly served by th








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