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1996 Supreme(SC) 725

G.T.NANAVATI, S.C.AGRAWAL
M. Vijayalaxmi – Appellant
Versus
G. Goverdhan Reddy – Respondent


ORDER

1. Leave granted.

2. This is an appeal by the landlord in a suit for eviction. The premises were let out to the respondent under an agreement granting lease for a period of 11 months from 1-4-1984. In the lease agreement it was stated that the lease shall be according to the English calendar month. By a notice dated 28-1-1985 the appellant sought to terminate the tenancy by midnight of 28-2-1985 and informed the respondent that his occupation on and after 1-3-1985 shall be regarded as unauthorised. The respondent was called upon to vacate the premises and to hand over vacant possession. The respondent failed to vacate the premises and thereupon the appellant filed the suit for eviction (05 No. 332 of 1985) which has given rise to this appeal. The said suit was decreed by the trial court by judgment dated 26-7-1989. The said decree of the trial court was affirmed in appeal by the appellate court by judgment dated 19-3-1992. By the impugned judgment dated 15-4-1994, the Andhra Pradesh High Court, in second appeal, has reversed the said decree and has dismissed the suit on the view that the notice was not a valid notice under Section 106 of the Transfer of Property Act, 1882. Re



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