JUDGMENT

BANUMATHI, J.:

(1) This appeal arises out of judgment and order of the Madhya Pradesh High Court, Indore Bench, in Second Appeal NO.303 of 1998 dated 29th September, 2005 and also review petition, M.C.C. NO.1258 of 2005 dated 27th January, 2006, in and by which the High Court has held that the quit notice issued by the appellant-landlord was defective and hence the appellant is not entitled to seek for eviction.

(2) We have heard learned counsel for the parties and also perused the impugned judgment and the evidence and the materials on record.

(3) The appellant herein has filed a suit for eviction and recovery of rent of Rs.2700/-per month. The Trial Court decreed the suit and ordered eviction of the respondent(s). The Trial Court recorded the finding that there is landlord-tenant relationship and also held that the quit notice was a valid notice. The Trial court further directed the respondent to pay mesne profits/rent for a period of three years prior to filing of the suit.

(4) Being aggrieved by the judgment passed by the Trial Court, the respondent filed appeal before the First Appellate Court. The First Appellate Court allowed the appeal filed by the respondent(s) holding