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1961 Supreme(Raj) 141

MODI
Motilal – Appellant
Versus
Pooranchand – Respondent


Advocates Appeared:
R.K. Rastogi, Chandmal, R.C. Airun, M.B.L. Bhargava & Rikhabchand, for Appellants; Gumanmal Lodha, for Respondent

MODI, J.—This is a landlords second appeal in a suit for eviction, which was dismissed by the learned Senior Civil Judge Ajmer in disagreement with the trial court which had decreed the suit.

2. The only question which arises for determination in this appeal is whether the notice of ejectment given by the landlords to the respondent tenant was good in law. It is necessary to state just a few facts in order to appreciate this controversy. It is admitted that the rent-note which was the basis of the suit, Ex. 3, (or Ex. 4-6) was dated the 8th August, 1952. It is further admitted that the tenancy commenced from the 1st August, I952. The appellants landlords gave a notice of ejectment Ex. 4 on the 27th June, 1954. whereby they asked the respondent to "vacate the premises by midnight of 31st July 1954/1st August 1954-when the months tenancy would terminate". The respondent gave a reply to the aforesaid notice, Ex. A-2, on the 10th July, 1954, wherein it may be incidentally stated, no question as to the invalidity of the notice was raised. Eventually, the landlords filed a suit, out of which the present appeal arises, on the 3rd August, 1954, in the court of the Sub Judge, First Class, Aj












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