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1979 Supreme(MP) 40

G.P.SINGH, SEN, B.C.VARMA
SARDARILAL – Appellant
Versus
NARAYANLAL – Respondent


G. P. SINGH, C. J.

( 1 ) SECOND Appeals Nos. 445 of 1975 and 446 of 1975 were heard together by sohani J. who, by his order dated 20th February 1978, referred to a Full Bench the following common question of law arising in these appeals:

"whether a transferee of a part of the property leased can terminate the lease with respect to the part transferred to him by giving a quit notice to the tenant?" ( 2 ) THE facts giving rise to the afore said question are as follows: Rai Bahadur seth Hiralal was the owner of an open plot of land bearing Municipal No. 15, situated at Nalia Bakhal, Indore. The plot was let out to Sardarilal who is the appellant in both these appeals on a monthly rent of Rs. 50/ -. Narayanlal purchased southern half portion of the plot from Seth Hiralal on 16th september, 1967. The remaining half of the plot r was sold on the same date by Seth Hiralal to Mohanlal. Narayanlal and Mohanlal issued separate notices on 16th February 1968 determining the tenancy of Sardarilal with respect to the half portion of the plot purchased by each with effect from 31st March 1968. The notice issued by Narayanlal was on his behalf and signed by him alone, and similarly the notice issue










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