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2021 Supreme(UK) 549

SHARAD KUMAR SHARMA
Sanjay Kumar – Appellant
Versus
Vikash Kukreti – Respondent


Advocates Appeared:
Mr. Kurban Ali, Advocate, for the Appellant; Ms. Shruti Joshi, Advocate, for the Respondent.

JUDGMENT

Sharad Kumar Sharma, J. - The revisionist is a tenant of the premises in dispute, which is a shop, which admittedly was under the ownership of the respondent/landlord and which was the subject matter of the proceedings of the SCC Suit No.01 of 2006, Vikash Kukreti vs. Sanjay Kumar. As per the plaint averment, the shop in question is situated at village Maganpur, Post Office Kishanpur, Tehsil Kotdwar, District Pauri Garhwal, having a total area of 20 x 10.7 feet, the precients of which was more appropriately described in para 1 of the plaint.

2. The landlord/respondent had specifically come up with the case, that the shop in question over which the tenancy was created, was on a month to month tenancy basis and it was carrying a rent of Rs.3,080/- per month, but on account of the fact that since August 2015, the default was committed by the tenant/revisionist in the remittance of rent, herein his tenancy was terminated by virtue of a notice which was issued under Section 106 of the Transfer of Property Act, on 08.01.2016, wherein para 4 of the said notice reads as under :-

3. If the notice Paper No.7 Ga, itself is taken into consideration, which admittedly was issued by the lan

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