1 SBCivil IInd Appeal No.10/2009 Dalpat Kumar v. Bharat Kumar & Anr. Date of Order :: 8 th July, 2010 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Surendra Surana, for the appellant. Mr. JK Bhaiya ] Mr. Narendra Singh] for the respondents. .... This appeal is preferred to challenge the judgment and decree dated 20.11.2008 passed by learned District Judge, Sirohi affirming the judgment and decree dated 26.3.2008 passed by learned Civil Judge (Junior Division), Sheoganj in Original Civil Case No.2/2004. By the judgment dated 26.3.2008 learned Civil Judge (Junior Division) decreed the suit for eviction of the defendant from the rented premises. The argument advanced by counsel for the defendant appellant is that the courts below failed to appreciate that the notice given as per provisions of Section 106 Transfer of Property Act was not competent and also that the eviction in the instant case could have been made only as per the old Rent Control Act. I have examined the judgments impugned wherefrom it is apparent that a suit for eviction under old Rent Control Act was withdrawn by the 2 plaintiff and then a fresh suit of eviction was filed in accordance with the liberty given by the court. The courts below after examining entire evidence available on record reached at a definite conclusion that the notice given as per provisions of Section 106 Transfer of Property Act was quite competent and despite the notice aforesaid the rented premises was not evicted. The findings given by the courts below are pure findings of fact and those in no way requires disturbance by this Court. As such this appeal is having no force and the same is dismissed. ( GOVIND MATHUR ),J. kkm/ps.