FIRM SARDARILAL VISHWANATH A.ND ORS. versus PRITAM SINGH

FIRM SARDARILAL VISHWANATH A.ND ORS. versus PRITAM SINGH

Once the lease of immovable property expires and the tenant continues in possession as a statutory tenant under the protection of the Rent Restriction Act, there is no requirement of issuing a fresh notice to quit under section 106 of the Transfer of Property Act before commencing an action for ejectment under the...

Source-derived case information.

Parties
Appellant: Firm Sardarilal Vishwanath and Ors.; Respondent: Pritam Singh
Jurisdiction
India
Judgment Date
14 August 1978
Procedural Posture
Appeal by Special Leave / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Notice to Quit, Statutory Tenancy, Eviction Under Rent Restriction Act
Landlord Tenant Law Statutory Tenancy Property Law Notice to Quit Eviction Under Rent Restriction Act

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Summary, issues, holding and outcome

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Parties

Firm Sardarilal Vishwanath and Ors.

Appellant

Pritam Singh

Respondent

Procedural Posture

Appeal by Special Leave / Supreme Court Judgment

Legal Issues

  1. 1 Whether a statutory tenant is entitled to notice to quit under section 106 of the Transfer of Property Act before an action in ejectment is commenced under the Rent Restriction Act.
  2. 2 Whether the building was unfit for human habitation justifying eviction under Rent Restriction legislation.

Ratio Decidendi

Once the lease of immovable property expires and the tenant continues in possession as a statutory tenant under the protection of the Rent Restriction Act, there is no requirement of issuing a fresh notice to quit under section 106 of the Transfer of Property Act before commencing an action for ejectment under the Rent Restriction Act. The contract of tenancy has already come to an end when the lease determines under section 111 of the Transfer of Property Act.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • No order as to costs.