Judgment

FAZAL ALI, J.:- We have heard counsel for the parties and have gone through the judgments of the courts below. We find no merit is this appeal. Special leave appears to have been granted only on the question of notice which no longer survives in view of a 7-Judge Bench decision of this court holding that in cases governed by the Rent Act, no notice under S. 106 T. P. Act is necessary unless expressly so provided. The appeal is accordingly dismissed but, in the circumstances, without any order as to costs.

2. Time till 30th September, 1981 is allowed to vacate the premises and to hand over vacant possession to the respondent-landlord, subject to filing the usual undertaking within six weeks from today. In the meantime, the appellant shall pay compensation equivalent to rent regularly and will also carry out all necessary repairs at his own costs without being reimbursed by the respondent.

Appeal dismissed.

For Citation : AIR 1981 SC 1738