JUDGMENT-This is a petition by a landlord whose suit for possession of the property was dismissed by the appellate Court which reversed the decree of the trial Court which granted the claim.

2. The petitioner is the owner of City Survey No. 2607 situated at Meharun within the municipal limits of Jalgaon. On this site there are five buildings which have been leased to the respondent, the State of Maharashtra, on a monthly tenancy at a rent of Rs. 250 per month. The lease was effected for the purpose of occupation of police personnel of the respondent. In Civil Suit No. 19 of 1965 filed on March 22, 1965, which was decreed on July 2, 1966, the plaintiff was held entitled to charge permitted increases at the rate of Rs. 32.66 in addition to rent and the said suit was decreed for the arrears claimed therein. The claim of the plaintiff for the educational cess was disallowed on the ground that there was no notice served by him on the respondent on that account.

3. On October 3, 1966, by exh. 26 the petitioner served a notice upon the respondent claiming arrears of rent for more than six months. By the said notice the tenancy of the respondent was terminated with effect from October 31,

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