KERALA HIGH COURT
Unknown, J
Arifa beevi and others v. Gopalan Ramesan
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 purporting to terminate the tenancy and claiming eviction on various grounds. The postal acknowledgment evidencing the receipt of notice by the defendant is produced as Ext. A2. In the plaint, the plaintiff alleged that there is arrears of rent from March, 1980 onwards and that the shop room is an old one in a dilapidated condition and is required for the purpose of demolition and construction of new buildings in the property. Plaintiffs further alleged that as per the notice issued by him, the tenancy h
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