SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2005 Supreme(MP) 967

ARUN KUMAR, A.K.MATHUR
Jaswant Raj Soni – Appellant
Versus
Prakash Mal – Respondent


Advocates:
B.D. Sharma for appellant; Abhijat P. Medh for respondent.

JUDGMENT

Arun Kumar, J. -- By the impugned judgment the High Court of Rajasthan decided two civil revision petitions. Facts in both the cases are quite similar. The only question involved is about the maintainability of the eviction suits filed by the appellant landlord herein against the respondent tenants in the absence of one month's notice to vacate the suit premises. The landlords instituted eviction petitions against their tenants on the ground of misuse of tenancy premises which had materially affected the premises and in the second case on the ground of bona fide requirement of the landlord for the business of his son. The rent receipts issued by the landlords in both the cases have a printed condition as per which one month's notice either oral or written is required to be given by the landlord to the tenant and the tenant is obliged to vacate the premises on such notice being given. Relying on the said condition the respondents in both the cases took objection that since the required one month's notice was not given by the landlord, the eviction petition was not maintainable. As a matter of fact, in Jaswant Raj Soni case a notice dated 9.10.1991 was admittedly served by







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top