other suit that he came
to know about the quit notice, otherwise the notice was never delivered to
him.
2.3 In view of pleadings ... denial of notice is treated as
sufficient to non-suit the plaintiff, the plaintiff will have
serve a fresh notice to quit and then bring
discontinue his tenancy and terminated the same by serving a quit notice
dated 23.02.2022 under Section 106 of Transfer of Property Act, 1882
thereby determining ... notice issued were illegal. In another words, the defendant
has nowhere refuted the service of both the notices upon him. The
notices
notice, as argued, under Section 113 of the Transfer of property Act, 1882 is taken.
27
Intent of waiver of notice to quit ... that a notice was not
served on the Defendant. Therefore, the tenancy was validly determined in terms of
the notice to quit dated
respondent landlord even after effecting notice under
Section 111 clause (h), amounted to waiver of notice to
quit within the meaning of Section ... lease.
8. In the instant case, as we have noticed earlier, two
notices to quit were given
mistake in declaring the notice of eviction as unlawful. It
is not in dispute that plaintiff issued notice to quit on 18.06.1994 by a
registered ... further in the matter of service of notice. As soon as the letter
containing notice to quit has been posted as registered post, only
Advocate also submits that as the petitioner did not quit upon receipt of quit
notice dated 8-4-1991 the opposite party initiated eviction proceeding ... Advocate further submits
that when tenancy is determined by issuing a quit notice and the tenant
becomes an unauthorized occupant he is liable
against the defendant No.1 herein on the
ground that no quit notice was issued under Section 106 of the
Transfer of Property ... said
C.C.C.A., the plaintiffs got issued a quit notice dated 09.11.2016 to the
defendant No.1 herein terminating the tenancy, which
civil
suit for eviction of the tenant was filed, notice to quit under Section 106 of the
Transfer of Property Act was not even required ... notice regarding
termination of tenancy, is hereby set aside. It is held that filing of the suit in
itself was a notice to quit
1110-2022_Judgment.doc
KABC170020812022
2021, the plaintiffs issued 2 quit notices both dated 29-
12-2021, terminating the tenancy in respect of suit Item ... Defendant of the suit
schedule premises is validly
terminated by the quit notice dated
29-12-2021?
2) Whether the plaintiffs prove that after
deducting
maintenance charges from 01-04-
2021, the plaintiffs issued a quit notice dated 29-12-
2021, terminating the tenancy with effect from ... 1390_Com.OS.1043-2022_Judgment.doc
KABC170019562022
terminated by the quit notice dated
06-04-2021 [sic : 29-12-2021]?
2) Whether the plaintiffs