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1978 DIGILAW 250 (MP)

Premnarayan v. Jethmal Acharya

1978-03-22

H.G.MISHRA

body1978
Short Note : 1. The learned counsel for the appellant contended :- (1) That the plaintiff has not produced the draft of the notice to quit and thus has failed to prove the valid termination of the tenancy. The notice to quit is illegal. (2) That the ingredients of section 12 (1) (e) of the Act are not made out. Held: Now taking up the question of non-production of the draft of the notice to quit, no doubt, the plaintiff has not produced and proved the draft of the notice to quit; yet all the necessary averments in respect of the contents of the notice are made by the plaintiff in the plaint; (1) the date on which the notice was sent through the registered post, (2) the factum of defendant being in arrears and (3) the fact that defendant was asked to quit by 31st July, 1968 are mentioned in para 9 of the plaint. This notice is stated to have been served on the defendant on 22-6-1978. The defendant has admitted all these facts. Therefore, the production of the draft of the notice to quit by the plaintiff would have been mere idle formality in the case. 2. It is, no doubt, true that if the appellant is successful in bringing the case within any of the aforesaid permissible limits interference in second appeal can be made. But in the facts and circumstances on record in the present case, none of the grounds agitated by the learned counsel can be regarded to call within the permissible limit of interference. 3. I have been taken through the entire evidence, the judgment of the trial Court and that of the appellate Court by the learned District Judge. Findings on the question of genuineness of the requirement and question of insufficiency and unsuitability of the accommodation available to the plaintiff, are contained in para Nos.20 and 31 of the Judgment under appeal. These findings are arrived at in accordance with law. The principles governing such cases have been summarised in paras 11 to 12 and thereafter the learned District Judge has evaluated all the evidence on record. 1975 JLJ 1 and 1976 JLJ 655 referred to. Appeal dismissed.