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1966 Supreme(All) 358

S. S. DHAVAN
Tikkam Ram – Appellant
Versus
Prakash Chandra – Respondent


Advocates appeared:
B. L. Chaturvedi, Advocate, For the Appellant / P. M. Gupta, Advocate, For the Respondent

JUDGMENT

S.S. Dhavan, J. - This is a tenant's second appeal from the concurrent decisions of the Courts below decreeing the landlord's suit for his ejectment. The appellant Tikkam Ram was the tenant of a shop in Aligarh of which the respondent Prakash Chandra is the owner and landlord. The agreed rent was Rs. 10/- per month. The respondent alleged in his plaint that the appellant fall into arrears of rent and a sum of Rs. 80/- became due from him as ten months rent. He served on the appellant a combined notice of demand and termination of tenancy but the appellant did not pay up; hence the suit. The appellant resisted the suit and denied that he had committed any default. He also denied having received any notice and alleged that the respondent procured a fictitious endorsement "refused" in collusion with the postman. He also alleged that the notice could not have been served on him, as at the time he was away on a visit to his brother-in-law in Gunah, Bihar. He also contended that the notice terminating the tenancy was invalid as it did not expressly state that the tenancy was being terminated, and also because a material alteration had been made in the notice after it was returned

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