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B. D. GUPTA, S. N. KATJU
Mushtaq Husain – Appellant
Versus
Mohammad Saddiq – Respondent
JUDGMENT
B.D. Gupta, J. - The two connected appeals before us are appeals by tenants against decrees in favour of the landlord for their ejectment. The common question which arises for consideration in these appeals is whether the notice, which in each case was a notice combining the demand for payment of arrears of rent with termination of tenancy, was in accordance with law and brought about termination of the tenancy entitling the landlord to obtain decree for ejectment.
2. The relevant part of the notice issued on behalf of the landlord in the suit which gives rise to Second Appeal No. 2607 of 1965 may be reproduced as follows:
You are hereby given notice to pay the amount of rent due on you within one month of the service of this notice. If you do not propose to pay and do not pay this amount of arrears of rent within the stipulated period of one month, then you can be ejected from the premises without the permission of the Rent Control and Eviction Officer, Moradabad. Take notice that if you do not pay the amount within the stipulated period, then your tenancy is terminated and you are given notice of clear 30 days to vacate the premises immediately after the expiry of 30 days f
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