ANIL KUMAR
Bank of India – Appellant
Versus
Vivek Enterprieses – Respondent
Matter is taken revised cause list. None appears on behalf of the respondent. Heard Shri Mohd. Arif Khan, senior advocate and perused record.
2. Controversy in the present case relates to a premises situated in Mall building no. 4, Ashok Marg, Lucknow which is bounded as under : -
East - Other property
West - Lane
North - Raja Ram Kumar Marg
South - Other Property of S. Dwivedi
3. M/S. Vivek Enterprieses is landlord of the said premises which has been let out to the Bank of India. The tenancy of the defendant / bank was month to month starting on Ist day of English calendar.
4. As the said building is not covered by the provisions of U.P. Act 13 of 1972 Rent Control Act so the plaintiff sent a notice under section 106 of the Transfer of Property Act to the Bank at its registered Head office at Mumbai as well as Lucknow office that the tenancy of the defendant in respect to the premises in question would come to end on the expiry of 30 days from the date of receipt of the said notice by defendant. The Bank was further asked to vacate the premises in question after expiry of the period as given in the notice. In the notice, it is clearly mentioned that if the Bank does
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