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2005 Supreme(P&H) 1123

M.M.KUMAR
Rakesh Bhargav – Appellant
Versus
Akhil Bhartiya Bhargav Sabha Registered, New Delhi – Respondent


Judgment

1. This is defendant s appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, the Code ) challenging concurrent findings of fact recorded by both the Courts below holding that the defendant-appellant is liable to be ejected from the demised shop. It has further been found that the plaintiff-respondent, which is a society registered under the Registration of Societies Act has proved the termination of tenancy by issuing a statutory notice under Section 106 of the Transfer of Property Act, 1882 (for brevity, the Act ) and the service of the same was effected on the defendant-appellant. It has also been found that there was a rent note executed between the parties on 19-5-1987 (Ex. P-3). The plea of the defendant-appellant has been rejected which was to the effect that no decree of ejectment against him could be passed after the expiry of a period of 10 years irrespective of the fact as to whether on the date of institution of the suit, the period of 10 years had not yet passed.

2. Brief facts of the case are that the plaintiff-respondent filed a Civil Suit No. 330 of 1996/2001 instituted on 30-10-1996/28-9-2001 seeking ejectment of the defendant-app

















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