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1999 Supreme(J&K) 164

O.P.SHARMA
Union Of India – Appellant
Versus
Lalit Kumar Raina – Respondent


Advocates Appeared:
Advocate For Appellant: D.P. Gupta
Advocate For Respondent: S.K. Anand

1. In this civil 2nd appeal against the judgment and decree dated 20/11/1995 passed by the learned District Judge, Jammu following questions of law have been formulated for determination:-

1. Whether in a suit for eviction against the union of India, a composite notice under section 80 of C.P.C. and Section 106 of Transfer of Property Act will meet the requirements of law?

2. If the answer to the first question is in the affirmative. Whether in the facts and circumstances of the present case, notice given by the plaintiff to the defendant on January, 17, 1990, to evict the rented premises by or before February, 28, 1990 satisfy the mandate of Section 80 of the C.P.C. and Section 106 of Transfer of property Act.

2. The admitted facts of the case are that the demised premises were leased out to the appellant on 01-03-1984 initially for a period of only three years. The lease was extended for a further period of three years. It was to expire on 28-02-1990. The landlord by a notice dated January 17, 1990, called upon the appellant to vacate the premises by 28th Feb. 1990 i.e. the date tenancy was to expire by afflux of time. One of the issues framed by the trial court was with regard to















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