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PETITIONER: NAMDEO LOKMAN LODHI
Vs.
RESPONDENT: NARMADABAI AND OTHERS
DATE OF JUDGMENT: 27/02/1953
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN
CITATION: 1953 AIR 228 1953 SCR 1009 CITATOR INFO : D 1960 SC 260 (13) R 1965 SC 225 (15) R 1969 SC1349 (8) R 1976 SC 588 (14)
ACT: Lease-Condition that the lessee’s rights shall terminate if rent is not paid--Notice in writing by lessor to terminate lease -Whether necessary-Suit for ejectment without notice- Maintainability Transfer of Property Act (IV of 1882 as amended in 1929), s. 111(g)-Whether based on justice, equity and good conscience-Applicability to lease deeds executed before 1st April, 1930.
HEADNOTE: The provision as to notice in writing of the lessor’s intention to determine the lease, container in section 111(g) of the Transfer of Property Act, 1882, as amended in 1929, is not based on any principle of justice, equity or good conscience and is not applicable to leases executed prior to 1st April, 1930. Where a lease deed executed before the Transfer of Property Act, 1882, came into force, provided that the lessee’s rights should come to an end on default of payment of rent, and, as rent was not duly paid, the lessor instituted a suit for ejectment of the lessee without giving him a notice in writing of his (the le...