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1971 Supreme(All) 178

J.S.TRIVEDI
K. Kumar – Appellant
Versus
Onkar Nath – Respondent


Advocates:
B. Dixit, for Appellant; G.N. Sharma, for Respondent.

JUDGMENT :- The appellant is admittedly the tenant and respondent the landlord of the accommodation in suit. Plaintiff-respondent, the landlord being a minor, a composite notice of demand and determination of rent was sent under Registered cover to the appellant on 8-4-1967. This notice is said to have been served on 11-04-1967. As the appellant neither paid the rent nor vacated the shop, hence the suit out of which this appeal arises was filed.

2. The suit was contested by the defendant-appellant on the ground that the natural guardian of the minor being the father who is alive, the mother was incompetent to act as next friend of the minor and in any event the notice by the mother, Smt. Chameli Devi on behalf of the minor was bad in law. It was also contended that payment of the arrears had been made to Choudhary Gur Dayal Singh, father of the minor. The receipt of the notice of demand and determination of rent was also denied.

3. The trial court held that Smt. Chameli Devi was competent to file the suit on behalf of the minor as his next friend, that a notice of ejectment and demand had been actually served and that the defendant had not paid the arrears either to the landlord or t

















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