Kishan Chander vs Kartar Singh

A.L. Bahri, J.—This is defendant''s appeal in a suit brought by Kartar Singh which was decreed by the trial Court for ejectment from the shop in dispute and for recovery of arrears of rent to the tune of Rs. 900/- at the rate of Rs. 150/- per month. On Appeal filed by Kishan Chander, Judgment and decree of the trial Court was affirmed with respect to ejectment. However, with respect to arrears of rent, it was modified and the decree for the recovery of Rs. 500/- only was passed holding the rent to be Rs. 100/- per month.

Since the plaintiff has not challenged the finding of the lower appellate Court regarding rate of rent, the same is affirmed holding the rent of the shop to Rs. 100/- per month.

The other question arising in the appeal related to the validity of the notice served on the appellant u/s 106 of Transfer of Property Act terminating his tenancy. The said notice is Exhibit P. 1 dated February 27, 1987. Fifteen days'' time was given to the appellant to vacate the premises in dispute on receipt of notice. Exhibit P.3 is the reply sent to the said notice. Exhibt P. 5 is the acknowledgement due receipt. Thus, service of the notice terminating the tenancy has been fully established. The very fact that reply to the notice was seat by the appellant is sufficient to hold service of the original notice. Nothing has been shown as to how notice served was invalid. As already stated above, fifteen days'' time was given to the tenant to vacate the premises which was reasonable time.

Finding no merit in the appeal, the same is dismissed with no order as to costs. The appellant is allowed two months time to vacate the premises.