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SUPREME COURT OF INDIA

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PETITIONER:

CHIMANLAL

Vs.

RESPONDENT:

MISHRILAL

DATE OF JUDGMENT12/11/1984

BENCH:

PATHAK, R.S.

BENCH:

PATHAK, R.S.

MADON, D.P.

THAKKAR, M.P. (J)

CITATION:

1985 AIR 136 1985 SCR (2) 39

1985 SCC (1) 14 1984 SCALE (2)725

CITATOR INFO :

D 1988 SC 976 (18)

ACT:

"Madhya Pradesh Accommodation Control Act 1961 section

(1)(a). scope of-Notice of demand referred to in section

12(1 1(a) to be valid must inter-alia relate to the

accommodation actually rented to the tenant and not any

other accommodation-A defective notice vitiates the entire

trial as the suit itself is not maintainable-Distinction

between notice and the plaint explained-Amending the plaint

with the permission of the Court does not cure the defective

notice.

HEADNOTE:

The respondent landlord issued a notice dated October

21, 1969 to the appellant demanding arrears of rent in

respect of accommodation, which according to the respondent,

consisted of a portion of a shop and a verandah and

terminated the tenancy; and he filed a suit for eviction

under section 12(1)(a) of