In RLTOP case for eviction u/s 21 2 d it is written as notice mandatory for misuse of premises causing public nuisance also.
In the instant case the tenant was given oral notice many times not to obstruct the footpath also many complaints to local municipality was given.
Local municipality removed habitual encroachment of footpath many times with a warning to tenant.
Based on the complaints the shopkeeper admitted in his cross in lower court of having misused the premises in front of his shop (footpath encroachment causing public nusiance).
Here cause of action proved.
Also in written argument art 21of constitution
*Protection of Life and Personal Liberty* was quoted.
But the lower court rejected the claim stating that mandatory notice was not given.
How to putforth the fact in appeal court
If you have not complied with the procedures of law before filing the case, then it is likely to be rejected at any stage when such defect ifs found or detected.
However if you have pleaded about the oral notice then you can prefer an appeal to try your luck through appellate court
