Appeal by special leave from the order dated December 4, 1964 of the the Allahabad High Court in Second Appeal No.
The tenant failed to pay the rent accrued due for two years.
Pursuant to the lease several tenements were raised on the land demised.
Sarjoo Prasad and J. P. Goyal for the appellant.
545/1 1 as rent and companypensation.
The appellant then served a numberice on January 4, 1960, terminating the tenancy and instituted an action in the Court of the City Munsiff, Saharanpur, against Virendra Goyal and Lala Hukam Chand for a decree in ejectment and for an order for payment of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by Shah, J. Under a deed dated October 28, 1949, Virendra Goyal, the first respondent herein, obtained permanent tenancy rights in 28 plots of land of the ownership of Lala Praduman Kumar.
The tenant agreed to pay Rs.
The tenants prayed that they should be given relief against forfeiture of their tenancy rights under s. 114 of the Transfer of Property Act.
Several companytentions were raised in their written statement by the defendants one of which alone is material.
Goyal transferred his tenancy rights to Lala Hukam Chand.
K. Garg, D. P. Singh, S. C. Agarwala, Uma Dutt and S. Chakravarti, for respondent No.
In the Trial Court the tenants deposited an amount of Rs.
K. Garg and A. N. Goyal, for respondent No.
250/ per annum as advance rent on the first day of January of each year, and in default of payment of rent for two companysicutive years the tenancy rights were to stand forfeited.
3310 of 1964.
648 of 1966.
