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1978 Supreme(Online)(HP) 3

HIMACHAL PRADESH HIGH COURT
, J
Siri Ram v. Pritam Singh


Table of Content
1. tenant's second appeal concerning ejectment. (Para 1 , 2)
2. argument about validity of notice termination. (Para 3)
3. court reflections on application of section 106. (Para 4 , 5)
4. final ruling on the appeal's dismissal. (Para 6)

1. This is a tenant's second appeal arising out of a suit for ejectment.

2. The plaintiff filed a suit alleging that the premises mentioned in the plaint were let out to the defendant on a monthly rent of Rs. 18.00 per mensem in the year 1973. On April 16, 1973, the landlord served a notice on the tenant requiring him to vacate the premises. Because of his refusal to leave, the plaintiff filed the suit. The suit was resisted by the defendant on the ground, inter alia, that the notice terminating his tenancy was invalid. The trial court decreed the suit, and an appeal by the defendant has been dismissed by the learned District Judge. And now this second appeal.

3. Learned counsel for the appellant contends that the notice terminating the tenancy is invalid because the provisions of S. 106 of the Transfer of Property Act require that the notice period should terminate with the month of the tenancy, and in this case, it is said, the tenancy




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