Lease to post office

Naresh Kudal (Querist) 11 May 2012 This query is : Resolved
A given his building on lease to post office to run a post office in that area. Duration of lease expired in year 1989 after that lease converted in month-to-month lease according to sec. 116 of T.P. Act.

Now in year 2011 A sent a 15 days notice u/s 106 T.P. Act terminating the tenancy and asked to handover the possession of leased building. Suit for eviction has been filed on the basis of that notice (after 4-5 months of that notice).

In reply Post Office's defense is that Mr. A can not file a case without giving notice u/s 80 of CPC to them.

In matters of lease where notice u/s T.P. Act has given, whether it is necessary to give notice u/s 80 CPC separately? Please guide with citations.

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ashutosh mishra (Expert) 12 May 2012
Yes! The lessee being post office means Union of India is the defendant,then not only notice under section 106 TPA but also under section 80 CPC was a must.

Only 15 days notice was given but suit was filed 4-5 months after hence SUIT is not bad u/s 106 TPA.

BUT SUIT IS CERTAINLY HIT AND BARRED BY SECTION 80 CPC.

Guest (Expert) 12 May 2012
Contention of the Postal authorities is right. The Post Office being a Government office, notice under 80 CPC is quite necessary before filing a suit.

Advocate Bhartesh goyal (Expert) 12 May 2012
Notice u/s 80 of C.P.C is absolutely necessary before filing suit against post office.

A V Vishal (Expert) 12 May 2012
The suit is certainly hit by the provisions of S.80 CPC, however it is technical and the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1).

Shonee Kapoor (Expert) 12 May 2012
I agree with Ld. Vishal.

The plaint can be returned.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Naresh Kudal (Querist) 12 May 2012
should i withdraw the case with grant to file fresh?

ashutosh mishra (Expert) 12 May 2012
A clear yes is my answer.

Guest (Expert) 12 May 2012
That will be fine.

V R SHROFF (Expert) 13 May 2012
it is necessary to issue notice u/s 80 cpc

But mere technicality will not dismiss the case.

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