Addepalli Subba Rao. Vs. Yerrabotula Krishnamurthy & Ors.
EmailAppeal: Civil Appeal No. of 1987.
(Arising out of SLP No.13186 of 1986.)
(Arising out of SLP No.13186 of 1986.)
Petitioner: Addepalli Subba Rao.
Respondent: Yerrabotula Krishnamurthy & Ors.
Apeal: Civil Appeal No. of 1987.
(Arising out of SLP No.13186 of 1986.)
(Arising out of SLP No.13186 of 1986.)
Judges: A.P.SEN & SABYASACHI MUKHARJI, JJ.
Date of Judgment: Mar 02, 1987
Head Note:
TRANSFER OF PROPERTY ACT, 1882:
Section 106 – Issue of notice – notice not expiring with the end of the month – On a reasonable construction it was sufficient notice in compliance with the requirements of S.106.
JUDGEMENT:
ORDER
1. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties, we find it difficult to sustain the judgment of the High Court holding the notice under S.106 of the Transfer of Property Act, 1882 to be a defective notice. It failed to appreciate that the notice on a reasonable construction was a sufficient notice in compliance with the requirements of S.106 of the Transfer of Property Act and therefore the contract of tenancy came to an end. The High Court was unduly technical in construing the notice as not expiring with the end of the month of tenancy within the meaning of S.106 of the Act.
3. The appeal must therefore succeed and is allowed. The judgment and decree passed by the High Court are reversed and those of the learned District Judge decreeing the plaintiff’s suit are restored. No costs.
Appeal allowed.
1. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties, we find it difficult to sustain the judgment of the High Court holding the notice under S.106 of the Transfer of Property Act, 1882 to be a defective notice. It failed to appreciate that the notice on a reasonable construction was a sufficient notice in compliance with the requirements of S.106 of the Transfer of Property Act and therefore the contract of tenancy came to an end. The High Court was unduly technical in construing the notice as not expiring with the end of the month of tenancy within the meaning of S.106 of the Act.
3. The appeal must therefore succeed and is allowed. The judgment and decree passed by the High Court are reversed and those of the learned District Judge decreeing the plaintiff’s suit are restored. No costs.
Appeal allowed.
