Notice u/s 106 of tpa

Neeraj Kaushal (Querist) 08 June 2014 This query is : Resolved
Respected seniors,
Actually i want to send notice U/s 106 of TPA against Gram Panchayat , as per section 193 of Panchayati Raj Act , if you want to file case against Panchayat notice U/s 80 CPC is mandatory . My problem is that according to section 106 time period is 15 days and as per section 80 of CPC time period is two months . how much time i can mention in my notice for eviction.

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Dr J C Vashista (Expert) 09 June 2014
It is 60 days u/s 80 (c) CPC

elgin matt (Expert) 09 June 2014
Dear kaushal,

The question is quite interesting. In my opinion provision u/s 80 cpc are mandatory in nature and therefore your notice of eviction will have to be made 2 months in advance, since gram panchayat is a govt body. Further sec 80 is a special provision applicable to govt bodies while as sec 106 a general provision applicable to all. Any way even if 2 month period expired and the pemises is not vacated, the tenant is a month to month tenant and you are free to serve a 15 day notice prior or post the date you intend to evict the, that way u can satisfy both criterion.