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1963 Supreme(All) 132

B. DAYAL, S. N. DWIVEDI, M. C. DESAI
GORAKH LAL – Appellant
Versus
MAHA PRASAD NARAIN SINGH – Respondent


Advocates Appeared:
G.P.BHARGAWA, R.B.Mishra

B. DAYAL, J.

( 1 ) THESE Second Appeals have been referred to a run Bench by a learned single Judge of this court for decision of one single question of law which arises in each one of them. All these appeals arise out of suits filed by the landlord for the ejectment of his tenant and the question for consideration is whether a thirty days notice of ejectment under Section 106 of the Transfer of property Act as amended by U. P. Act No. XXIV of 1954 was valid in each case. Apart from the validity or invalidity of the notice for ejectment no other question was pressed before the learned single judge nor has any other question been raised before us in the Full Bench. Thus, that is the only point which requires consideration in these appeals. We would deal with the general question first and then dispose or the individual appeals.

( 2 ) THE relevant part of Section 106 of the Transfer of Property Act after its amendment by the said U. P. Act is as follows: "in the absence of a contract or local usage to the contrary. . . . . . . . a lease of immovable property for any other purpose shall be deemed to be a lease from month to month terminable on the part of the lessor of the lessee by t










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