DIPAK KUMAR GHOSH versus MIRA SEN

DIPAK KUMAR GHOSH versus MIRA SEN

The statement 'we shall vacate the premises within next 6/8 months' is sufficiently clear to constitute a valid notice to quit under s.13(1)(j) of the Act; the landlord's acceptance of the notice precludes the tenant from challenging its validity; compliance with s.106 of Transfer of Property Act is not required under the Act.

Parties
Appellant: Dipak Kumar Ghosh; Respondent: Mira Sen
Jurisdiction
India
Judgment Date
22 January 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Eviction, Notice to Quit, Estoppel, Interpretation of Statutory Requirements for Notice
Landlord Tenant Law Eviction Notice to Quit Estoppel Interpretation of Statutory Requirements for Notice

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Parties

Dipak Kumar Ghosh

Appellant

Mira Sen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Calcutta High Court

Legal Issues

  1. 1 Whether the statement 'we shall vacate the premises within next 6/8 months' constitutes a valid notice to quit under s.13(1)(j) of the West Bengal Premises Tenancy Act, 1956.
  2. 2 Whether the notice to quit must comply with s.106 of the Transfer of Property Act and be certain and unequivocal.
  3. 3 Whether the tenant is estopped from challenging the validity of the notice to quit after landlord's acceptance.

Ratio Decidendi

The statement 'we shall vacate the premises within next 6/8 months' is sufficiently clear to constitute a valid notice to quit under s.13(1)(j) of the Act; the landlord's acceptance of the notice precludes the tenant from challenging its validity; compliance with s.106 of Transfer of Property Act is not required under the Act.

Court Disposition

Appeal dismissed

Orders

  • Judgment and decree of Calcutta High Court affirmed.
  • Appellant granted time to vacate premises till end of April 1987, extendable to August 31, 1987 upon filing undertaking.