Supreme Court · 1969 INSC 257 · Decided 24 September 1969
Tayabali Jaferbhai Tankiwala v. M/S. Asha & CO. and ANR.
- Court
- Supreme Court of India
- Citation
- 1969 INSC 257 · [1970] 2 S.C.R. 554
- Case number
- CIVIL APPEAL No. 1741/1966
- Decided
- 24 September 1969
- Bench
- J.C. SHAH, V. RAMASWAMI, A.N. GROVER (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 227; Transfer of Property Act Section 113; Rent Control Act
Headnote
l~andlord and Tenant-Notice terminating tenancy-Landlord accept­ ing rent-Second notice of tennination treating the tenancy as subsisting-­ Suit for ejectment treating the second notice as non est-Transfer of Pro­ perty Act, 1882, s. 113 illustration (b). A landlord gave notice to his Act, 1947, demanding arrears of rent due and also terminating the tenancy on the ground that the tenant was a habitual defaulter. The arrears of rent claimed in the notice were paid after the expiry of one month mcntionou in the notice. The landlord gave a second notice calling upon the tenant to
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