CHIMAN LAL versus MISHRILAL

CHIMAN LAL versus MISHRILAL

A notice of demand for arrears of rent must relate to the accommodation actually let to the tenant under section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961. If the notice relates to some other accommodation or only a part, it is invalid and the suit for eviction based on such notice is not maintainable. Amendment of the plaint does not cure a defective notice since the notice and the plaint are distinct and independent steps.

Parties
Appellant: Chiman Lal; Respondent: Mishrilal
Jurisdiction
India
Judgment Date
12 November 1984
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Second Appeal
Outcome
Appeal allowed
Legal Topics
Eviction, Notice of Demand, Validity of Notice, Amendment of Pleadings
Landlord Tenant Eviction Notice of Demand Validity of Notice Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Chiman Lal

Appellant

Mishrilal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Second Appeal

Legal Issues

  1. 1 Whether a notice of demand under section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961 must relate to the accommodation actually let to the tenant.
  2. 2 Whether amending the plaint cures a defective notice of demand.

Ratio Decidendi

A notice of demand for arrears of rent must relate to the accommodation actually let to the tenant under section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961. If the notice relates to some other accommodation or only a part, it is invalid and the suit for eviction based on such notice is not maintainable. Amendment of the plaint does not cure a defective notice since the notice and the plaint are distinct and independent steps.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court set aside
  • Suit dismissed