N. N. SHARMA, J. - (1.) THIS revision is directed against judgment and decree dated 31.8. 1982 recorded by Sri J. S. Misra, learned Judge Small Causes Court (District Judge), Uttar Kashi in S.C.C. Suit No. 7 of 1981. Defendant is revisionist.
(2.) I have heard learned counsel for the parties and perused the record. It appears that plaintiff-respondent claimed to be owner and landlord of the disputed house detailed at the foot of plaint. Defendant revisionist Khadi and Village Industries Commission is a public Sector Corporation registered under the Societies Act. The agreed rent was Rs. 250/- per month. The premises were let out to the aforesaid defendant through the Assistant Director. The tenancy was determined by a notice under section 106 of Transfer of Property Act dated 31.12.1980 received by defendant on 1.1.1981 requiring the tenant to vacate the premises on expiry of statutory period and to hand over the possession to the landlord. The defendant did not comply and so the damages for use and occupation were claimed by the landlord subsequent to 1.2.1981 at the said rate.
(3.) THE defendant contested the claim on the ground that the said notice was invalid and did not terminate the tenancy. Other pleas were also raised which are not material to be detailed for the disposal of this revision. It was held by learned Judge that notice dated 31.12.1980 has not been waived. It was further found that the said notice was valid. Other issues terminated in favour of plaintiff. In the result the claim was allowed with costs.;