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1975 Supreme(All) 355

GOPINATH
Dharmendra Nath – Appellant
Versus
Jagdish Prakash – Respondent


Advocates:
S.S. Bhatnagar and S.N. Kekkar, for Appellants; A. Banerji, Shantosh Kumar and Ajai Kumar Banerji, for Respondent.

JUDGMENT:- This is a plaintiffs appeal arising out of a suit for ejectment and arrears of rent. The plaintiffs claimed a sum of Rs. 2924.00 on account of rent and damages in respect of the accommodation in dispute and they further prayed for the ejectment of the defendant on the ground that he had defaulted in the payment of the rent and did not pay the arrears even after the notice of demand dated 1-1-66. This notice was followed by a notice under Section 106 of the T. P. Act dated 26-2-1966. Both the notices were given by all the four plaintiffs appellants. The trial court decreed the suit in its entirety. The lower appellate Court has dismissed the claim for ejectment but decreed the recovery of arrears.

2. The facts leading up to the present appeal are as follows :

One Triloki Nath was the owner of the accommodation in dispute. He sold it in favour of one Mahabir Prasad. Mahabir Prasad by a deed of sale dated 16-6-1961 transferred the property to Smt. Prabha, Km. Veena, Km. Reshmi and Km Nirja. Km. Veena, Km. Reshmi and Km. Nirja are the daughters of Smt. Prabha and were minors on the date of the sale. By a sale deed dated 1-11-1965 Smt. Prabha and her three daughters sold the pr





















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