Arifa beevi and others v. Gopalan Ramesan - 1990 Supreme(Online)(Ker) 23

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1990 Supreme(Online)(Ker) 23

KERALA HIGH COURT
Unknown, J
Arifa beevi and others v. Gopalan Ramesan

Advocates:
For the Appellants/Petitioners: Unknown
For the Respondents: Unknown

Table of Content
1. substantial legal questions of tenancy termination. (Para 1)
2. plaintiff accuses defendant of eviction with arrears. (Para 2 , 3)
3. appellant argues prior notice for tenancy termination. (Para 5 , 6)
4. court analyzes the validity of termination notice. (Para 7 , 8)
5. court affirms clauses as contracts to the contrary. (Para 9 , 10 , 11 , 12)
6. plaintiff's entitlement to eviction based on lease provisions. (Para 13)
7. court allows appeal granting eviction with timeline. (Para 14)

1 One of the substantial questions of law formulated in the second appeal is the following:
".......... Whether the provisions in Ext. A1 provide a clear contract to the contrary which will dispense with a notice as contemplated under S.106 of the Transfer of Property Act to terminate the lease? ....
There is yet another question of law formulated to which I shall refer to, a little later.

2. The brief facts necessary to decide the questions of law raised can be summarised thus: The plaintiff issued the defendant for eviction of a shop room let out to him on the basis of Ext. A1 rent deed, with arrears of rent. Before filing the suit the plaintiff issued Ext. B1 notice dated 23-4-1980 purport