Honble YAMIN, J.—A common and very short point of law is involved, therefore, both these revisions were heard together. The point is whether despite a contract regarding notice between the parties, a suit can be maintainable under the Rajasthan Rent Control Act without serving such a notice? In both the cases the tenants raised objection, regarding notice by way of amendment in the written statement and additional issues were framed. The issues were decided in favour of the plaintiffs and suits were allowed to proceed.

(2). Learned counsel for the tenants petitioners submitted that the suits were not maintainable as no notice was served by the landlords though in both the cases there are contracts that the landlord will have to give one months notice before getting the premises evicted as mentioned in receipts. But the learned counsel for the landlords respondents submitted that it was not necessary to issue a notice because the agreement about the notice has no force of law. They contended that Honble Supreme Court in V. Dhanapal Chettiar vs. Yesodai Ammal (AIR 1979 SC page 1745), has held

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that no notice under Section 106 of the Transfer of Property Act is required to be given b

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