Supreme Court · 2006 INSC 611 · Decided 14 September 2006
Shri Mehboob Ali and ORS. v. SMT. Habiban
- Court
- Supreme Court of India
- Citation
- 2006 INSC 611 · [2006] SUPP. 6 S.C.R. 173
- Case number
- CIVIL APPEAL No. 4138/2006
- Decided
- 14 September 2006
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act Section 106
Headnote
B Transfer of Property Act, 1882-Section 106-Jnstitution of eviction · petition-Reqiiirement of notice-Decision by Single Judge of High Court relying on the decision of Division Bench of High Court-Legality of-Held: C In view of the principles laid down in Jaswant Raj Son i's case by VI Rule 17 CPC permitting them to take a plea on the basis of non~termination of tenancy by landlord by serving notke under section 106 of Transfer of Property D Act, 1882. Application was allowed relying on *Prakash Mal's case by Single Judge of High Court that if there is condition in the
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