LAWS(ALL)-2003-4-50

MAHENDRA KUMAR Vs. HARBANS LAL

Decided On April 24, 2003
MAHENDRA KUMAR Appellant
V/S
HARBANS LAL Respondents

JUDGEMENT

(1.) R. P. Misra, J. Heard Sri R. P. Goyal, learned Senior Counsel for the revisionist assisted by Sri Manish Goyal and Prakash Gupta, learned Counsel for the plaintiff respondent.

(2.) THE first notice dated 18-8-1992 was given by the landlady, plaintiff respondent, for terminating the tenancy of Defendant No. 1 Kewal Krishna Anand. THE second notice dated 2-5-1993 was given by Sri M. C. Gupta, Advocate on behalf of the landlady demanding arrears of rent and terminating tenancy of Dfendant No. 1, Kewal Krishna Anand. THE learned II Additional District Judge, Agra framed the following issues: " (1) Whether there existed a relationship of landlady and tenant between the plaintiff and Defendant No. 1? (2) Whether there existed a relationship of landlady and tenant between the plaintiff and Defendant No. 2? (3) Whether the Defendant No. 2 is the sub-tenant as alleged by the plaintiff? (4) Whether the Defendant No. 2 is liable to be evicted? (5) To what relief, if any, is the plaintiff entitled?"

(3.) THE learned Counsel for the revisionist has submitted that there was no authorization to Sri M. C. Gupta Advocate by the landlady to terminate the tenancy of the revisionist Mahendra Kumar. In support of his submission, learned Counsel for the revisionist relied upon the decision of the Apex Court in the case of Ishwar Bhai C. Patel @ Bachu Behera and another v. Harihar Behera and another reported in 1999 (35) A. L. R. 755. In rebuttal, learned Counsel for the respondent has relied upon the Division Bench decision of this Court in the case of Abdul Jalil v. Haji Abdul Jalil, reported in AIR 1974 Allahabad page 402. In the aforesaid judgment of this Court, following types of notices have been considered and it has been clearly held as to which type of notice is according to law or not: " (A) You are hereby informed or you are given this notice that your tenancy shall stand determined on the expiry of thirty days from the date of service of this notice. (B) You are informed that your tenancy will determine on the expiry of thirty days from the date of service of this notice and you are called upon to vacate the premises on the expiry of the said period of notice failing which a suit for ejectment shall be filed against you. (C) I do not want to keep you as my tenant. You are therefore given this notice and required to vacate the premises on the expiry of thirty days from the date of service of this notice on you. (D) Your tenancy is terminated with effect from today and you are required to vacate the premises on the expiry of thirty days from the date of service of this notice on you. (E) Your tenancy is terminated and you are required to vacate, the premises on the expiry of thirty days from the date of service of this notice failing which a suit for ejectment shall be filed against you. (F) You are given this notice to quit or vacate the premises on the expiry of thirty days from the date of service of this notice failing which a suit for ejectment shall be filed against you. (G) You are required to vacate the premises on the expiry of thirty days from the date of receipt of this notice. "