Om Prakash Kashayap vs Mordhawaj Singh Goutam
2022 Latest Caselaw 1456 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                                Order Sheet
                                             FA No. 30 of 2022
                            Om Prakash Kashayap Versus Mordhawaj and Others




21.03.2022             Mr. Parag Kotecha, Advocate for the Appellant.

                       Mr. Ashutosh Shukla, Advocate and Mr. Rajendra Tripathi, Advocate for the
              respective Respondents.

Learned counsel for the appellant would submit that the lease was alloted in the name of Late Smt. Lata Gautam by the Municipal Corporation, Korba which expire in the month of January, 2017 and before expiry of lease deed, the shop owner has filed a Civil Suit before the learned District Judge, Korba wherein he has prayed for declaration and injunction. The Learned First Additional District Judge, Korba by its judgment and decree dated 13.01.2022, decreed the suit and granted the decree of possession in favour of the plaintiff. The said order is challenged by the defendant by filing of the instant appeal before this Court. Learned counsel for the appellant would also submit that as per Section 106 of the Transfer of Property Act, before termination of a property a notice is required to be issued but no notice has been issued, therefore, non-compliance of provision of Section 106 of Transfer of Property Act itself vitiate the action sought to be agitated before the trial Court.

When this Court has put a specific query that whether the present facts & circumstance of the case the lease determining on account of death Smt. Lata Gautam, learned counsel for the appellant pray for one day's time to go through the legal preposition of the case.

As prayed, list the matter on Tomorrow i.e. 22.03.2022.

Sd/-

(Narendra Kumar Vyas) Judge

Amita