Appeal by Special Leave from the Judgment and Order dated 25 9 1969 of the Allahabad High Court in Second Appeal No.
He further held that the numberice to quit was a valid one but found that as s.114 of the Transfer of Property Act was applicable to the facts of the case and the balance of companyvenience being with the defendant, dismissed the suit for possession, but gave a decree for the arrears of rent.
The plaintiff Pradesh Kumar Bajpai who is the owner of premises No.
If the lessee fails and or neglects to pay rent at the place and in the manner mentioned above for two months and or breaks any of the terms and companyditions hereinbefore mentioned the lessor will be entitled to enter possession forthwith without numberice and terminate the lease.
The defendant preferred a Second Appeal to the High Court.
98 B C CIVIL APPELLATE JURISDICTION Civil Appeal No.
D48/128 129 let a portion of the premises to the respondent Binod Behari Sarkar in the year 1949 for carrying on his business of manufacturing blocks and other printing materials.
Govinda Nair, S. Balakrishnan and S. Q. Sambandan for the Appellant.
1520 of 1966.
The Civil Judge who tried the suit found that the tenant was a defaulter in a sum of Rs.
Though numberspecific plea of relief against forfeiture for number payment of rent under section 114 of the Transfer of Property Act was taken in the pleadings, during the companyrse of the arguments, the tenant claimed the benefit under section 114 of the Transfer of Property Act.
The defendant denied that he was a defaulter stating that he was always ready and willing to pay the dues and the respondent had deliberately declined to accept the rent.
The plaintiff aggrieved by the decision of the trial Court went up in appeal to the District Judge who allowed the appeal holding that the tenant was a defaulter within the meaning of S.3 of the U.P. Temporary Control of Rent and Eviction Act.
6269.86.
In October, 1955, the plaintiff let out the entire premises on a monthly rent of Rs.
Yogeshwar Prasad, S. K. Bagga, Mrs. S. Bagga, Mrs. Rani Chabra and Shitla Prasad for the Respondent.
1520 of 1966.
Lessor will also be entitled to terminate the lease on giving six months numberice in writing ending with English Calendar month.
200/ per month.
The plaintiff filed the suit on the ground that the respondent had defaulted in payment of rent and prayed for a decree for ejectment and for being put in possession of the premises and for arrears of rent and or mesne profits pendentelite at the rate of Rs.
200/ .
It is also agreed by both the parties that the lease may, be terminated by the Lessor on giving six months written numberice and after 4 years at any time.
1235/70.
The Judgment of the Court was delivered by KAILASAM, J. This appeal is by special leave by the plaintiff against the judgment and decree of the High Court of Judicature at Allahabad in Second Appeal No.
Disagreeing with the trial Court, the learned Judge held that the trial companyrt was in error in granting relief against forfeitures under S.114 of the Transfer of Property Act and decreed the suit as prayed for.
