Relying on the said companydition the respondents in both the cases took objection that since required one months numberice was number given by the landlord the eviction petition was number maintainable.
The eviction petition was filed on 20th February, 1992.
The rent receipts issued by the landlord in both the cases have a printed companydition as per which one months numberice either oral or written is required to be given by the landlord to the tenant and the tenant is obliged to vacate the premises on such numberice being given.
As a matter of fact, in Jaswant Raj Sonis case, a numberice dated 9th October, 1991 was admittedly served by the landlord on the tenant terminating the tenancy with effect from 31st October, 1991.
A numberice was served on the tenant before institution of the eviction petition.
The landlords instituted eviction petitions against their tenants on the ground of misuse of tenancy premises which had materially affected the premises and in the second case on the ground of bonafide requirement of the landlord for business of his son.
WITH CIVIL APPEAL NO.5575 OF 2000 Jabar Lal .Appellant Versus Kan Mal .Respondent ARUN KUMAR, J. By the impugned judgment the High Court of Rajasthan decided two Civil Revision Petitions.
Facts in both the cases are quite similar.
The only question involved is about the maintainability of the eviction suits filed by the landlord appellants herein against the respondents tenants in the absence of one months numberice to vacate the suit premises.
