BURMAH SHELL OIL DISTRIBUTING CO. OF INDIA LTD. Vs. KHAJA MIDHAT NOOR AND ORS.

JUDGEMENT

(1.) Defendant No. 2 is the Appellant. A suit was filed by Respondent No. 1 for the eviction of the Appellant and Respondent Nos. 2 to 7 from a piece of land. The land was leased out to Latifur Rahman by a registered lease, dated 16.1.1958 for a period of ten years. This was marked Ext.4. During that period Latifur Rahman sub -let the land to the Appellant. After the expiry of ten years the Appellant continued to possess the land. The rent was paid and it was accepted by Respondent No. 1. On 30.11.1972 a notice to quit was given by Respondent No. 1 to the Appellant as also to Respondent Nos. 2 to 7. This was marked Ext.7.

(2.) As the Appellant and Latifur Rahman did not vacate the premises, a suit was filed. The suit was not contested by Latifur Rahman. A written statement was filed by the Appellant, lessee of Latifur Rahman i.e. sub lessee of Respondent No. 1. Inter alia it was stated in the written statement that it was holding over the lease hold property after the expiry of the lease by paying rent. No notice terminating tenancy was received by it. The validity of notice was also challenged.

(3.) The trial court held that the lease was not extended for a fixed period of five years in absence of any written instrument. It further held that the notice Ext.7 was not valid so far as service of notice on Latifur Rahman was concerned. It further held that no notice was required to be served on the Appellant. In view of its finding, the trial court dismissed the suit.