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1974 Supreme(All) 4

JAGMOHANLAL
Shakir Hussain – Appellant
Versus
Siraj Beg – Respondent


Advocates:
S. Rahman, for Appellant; K.L. Gurnani, for Respondent.

Judgement

ORDER :- This second appeal has been filed by a tenant against whom a decree for ejectment has been passed by the lower appellate Court though the same was refused by the trial Court. The brief facts of the case so far as relevant for the decision of this second appeal were that the appellant was occupying a house as tenant of the plaintiff-respondent at a rent of Rs. 18/- per month. The house was governed by the provisions of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 (to be hereinafter called as the Act). The plaintiff gave a notice dated 24-8-1964 to the defendant which was served on him on 9-9-1964. It was a composite notice under Sec. 3(1)(a) of the Act making a demand for arrears of rent and under Section 106 of the Transfer of Property Act terminating his tenancy on the expiry of the requisite period. The defendant-appellant did not comply with that notice. The plaintiff therefore filed a suit for ejectment and recovery of arrears of rent against him in the year 1965. That suit was decreed by the trial Court on 13-8-1965. An appeal filed against that decree by the defendant was dismissed on 8-12-1965. Thereafter the defendant filed a second appeal i









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