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1971 Supreme(All) 402

J. M. LAL
Nazir Ahmad – Appellant
Versus
Kanhaiya Lal – Respondent


JUDGMENT

Jagmohan Lal, J. - This second appeal filed by the defendant arises out of a suit for ejectment and recovery of arrears of rent filed by the plaintiffs-respondents in the court of Munsif North, Lucknow. The premises to which the suit related are governed by the provisions of the U. P. (Temporary) Control of Rent and Eviction Act, 1947. The plaintiffs alleged that the defendant had committed default in payment of arrears of rent due from him for more than three months which be did not pay within one month of the service upon him of a notice.of demand under section 3 (l)(a) of the said Act. The plaintiffs gave a notice to the defendant on 10-7-1962 which was served on him on 19-7-1562 asking him to vacate the accommodation in a month's period failing which a suit for ejectment shall be filed against him. When the defendant failed to comply with the notice, a suit for recovery of rent and ejectment was instituted against him on 10.11.1962. The defendant contested the suit.

2. The learned Munsif held that the defendant had committed default within the meaning of section 3(11(a) of the Act but he was of the opinion that the notice sent by the plaintiffs did not satisfy the requi

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