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Documents citing Gajadhar Lodha vs Khas Mahatadih Colliery Co. And Ors. on 9 March, 1959

Ramayan Prasad vs Mt. Gulabo Kuer And Anr. on 20 April, 1966

In Gajadhar Lodha v. Khas Mahaladin Colliery Co., 1959 BLJR 376: (AIR 1959 Pat 562), the defendants had denied the title of the plaintiff before the institution of the suit and as such it was held that they were not entitled to a notice at all and in that connection their Lordships referred to (1894) ILR 17 All 45. In view of these decisions, the position is that the denial of the relationship of landlord and tenant in the written statement for the first time will not relieve the plaintiff from the obligation of giving a notice under Section 106 of the Transfer of Property Act before the institution of the suit for eviction. There is no indication in the plaint of the present suit that the defendants had denied the title of the plaintiff landlord prior to the institution of the suit and in these circumstances it was obligatory on the plaintiff to determine the tenancy by giving the said notice and state in the plaint if those steps had been taken. This not having been done, it must be held that the plaintiff's suit for eviction is premature and not maintainable.
Patna High Court Cites 14 - Cited by 7 - Full Document

The Tata Iron & Steel Co. Ltd. vs Abdul Ahad And Ors. on 9 October, 1969

In this connection reference may be made to the cases' of P. V. Janaki v. Kalliani Amma, AIR 1934 Mad 675 which was a case of identical nature with the one in the present suit and of Ram Narain Das v. Governor-General in Council, AIR 1947 Pat 263, Kamakhya Narain Singh v. State of Bihar, AIR 1957 Pat 30 and Gajadhar Lodha v. Khas Mahatadib Colliery,. AIR 1959 Pat 562.
Patna High Court Cites 15 - Cited by 7 - N L Untwalia - Full Document
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