THE STATE OF PUNJAB ETC. Vs. SMT. PAWAN BHASIN, ETC.
LAWS(P&H)-1983-8-98
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 30,1983

The State Of Punjab Etc. Appellant
VERSUS
Smt. Pawan Bhasin, Etc. Respondents

JUDGEMENT

S.P. Goyal, J. - (1.) THE property in dispute -Show Room No. 11, Sector 7 -C, Chandigarh, was given on lease on month to month basis to the Appellants by the Respondents. I5 days notice Exhibit P -2, for terminating the tenancy and to deliver vacant possession of the demised premises, was served on 13th February, 1976, on the Appellants, with the result that the tenancy stood terminated at the end of February 1976. As the Appellants failed to deliver possession, the Respondents filed the suit for their ejectment. Apart from the validity of the notice, the only other objection raised was regarding the value of the suit for purposes of Court -fee. The value fixed by the Plaintiff for the purposes of court -fee was found to be correct and the objection regarding the validity of the notice overruled, with the result that a decree for ejectment was passed in favour of the Plaintiff Aggrieved thereby the Defendants have come up in this appeal.
(2.) AS observed above, a 15 days notice had been served on the Appellants terminating the tenancy with effect from 28th February, 1976. The Learned Counsel for the Appellants was not able to show as to why the notice terminating the tenancy was not proper or valid. The finding of the trial Court that the tenancy has been terminated by a valid notice is consequently affirmed. At this stage, the Learned Counsel for the Appellants offered to deliver vacant possession of the property in dispute to the Respondents on or before 1st December, 1983 together with rent upto November 30, 1983, to be deposited by 30th September, 1983, provided the decree holder agrees not to execute the decree till 30th November, 1983. The offer has been accepted by the Learned Counsel for the Respondents Consequently, subject to the condition that the decree shall not be executed till 1st December. 1983, provided the Appellants pay to the Respondents of deposit with the executing court all the arrears of rent in accordance with the undertaking on or before 30th September, 1983, this appeal fails and in hereby dismissed, but without any order as to costs. Appeal dismissed.;


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