Supreme Court · 1977 INSC 70 · Decided 25 February 1977

Bhagabandas Agarwalla v. Bhagwandas Kanu & ORS.

Court
Supreme Court of India
Citation
1977 INSC 70 · [1977] 3 S.C.R. 75
Case number
CIVIL APPEAL No. 2080/1968
Decided
25 February 1977
Bench
P.N. BHAGWATI, S. MURTAZA FAZAL ALI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 106

Headnote

B Transfer of P1operty Act, S. 106, Notice to quit, whether should be construed in ai hyper-critical manner. The appellant filed a suit for evicting his tenant Bhagwandas Kanu etc. after giving them a notice to quit. The Trial Court dismissed the suit but on appeai, the First Appellate Court before the High Court, the respondents assailed the. validity of the notice to quit, on. the ground that it did not conform with the requirements C of 5', 106 of the Trahsfer of Property Act. The High Court allowed the appeal holding that the notice to quit did not clearly terminate the tenancy on

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