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J. J. MUNIR
Govind Saran – Appellant
Versus
Shubhi Mishra – Respondent
JUDGMENT :
1. This is a tenant's revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (for short “the Act of 1887”), questioning a decree for ejectment, besides recovery of arrears of rent and mesne profits.
2. S.C.C. Suit No.15 of 2012 was instituted on behalf of the plaintiff-landlady, Km. Shubhi Mishra, then a minor aged about 16 years through her father, Dr. Pramod Kumar Mishra, acting as her next friend. This suit was instituted before the District Judge of Pilibhit sitting as the Judge, Small Cause Court, against the defendant-tenant, Govind Saran, seeking the defendant's ejectment from a shop situate in Mohalla Desh Nagar, District Hospital Road, Pilibhit, details whereof are given at the foot of the plaint, giving rise to the suit. Besides ejectment, a decree for recovery of a sum of Rs.41,433/-as arrears of rent was also sought. A further decree for recovery of mesne profits in the sum of Rs.2000/-with effect from the date of determination of the tenancy until the date of the suit, worked out at the rate of Rs.250/-per day, besides Rs.1500/-as costs of the notice, was also claimed. Apart from the aforesaid items of the claim, a decree for recovery of mesn
The validity of a notice to quit under Section 106 of the Act of 1882 and the applicability of relief against eviction under Section 114.
The statutory tenant retains rights against eviction despite termination of a contractual tenancy without a court order, as established in prior Supreme Court rulings that override lower court interp....
Validity of termination notice under Section 106 of the Transfer of Property Act and determination of mense profits.
A valid notice to quit under Section 106 of the Transfer of Property Act is mandatory to terminate a tenancy, regardless of original lease terms dispensing with such notice.
A valid notice under section 13(6) of the West Bengal Premises Tenancy Act must provide a full month’s notice expiring with the month of tenancy for eviction to be lawful.
A valid demand notice under Section 15(2) of the Maharashtra Rent Control Act must specify the amount due and be addressed to the tenant; failure to do so invalidates eviction proceedings.
A valid demand notice under Section 15(2) of the Maharashtra Rent Control Act is essential before eviction on grounds of rent default; failure to comply renders the suit non-maintainable.
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