JUDGMENT

PATHAK, CJI. :— This is a landlords appeal by special leave arising out of a suit for ejectment.

2. The respondents father B. M. Paul, was the tenant of the premises in question. On his death he left behind the respondent, his mother, brothers ers and sisters who inherited the tenancy. A notice under S. 106 of the Transfer of Property Act terminating the tenancy was addressed to the respondent and was served on him. It was not addressed and served on the other tenants. A suit for ejectment was filed by the appellant against the respondent. The validity of the notice to quit was challenged by the respondent. It was contended that notice should have been addressed to all the members of the family and served on them, and in the absence of notice to all the suit was incompetent. The trial court upheld the validity of the notice relying upon the decision of the Allahabad High Court in Smt. Vishnawati v. Bhagwat Vithu Chowdhry, 1969 All LJ 1131 on the footing that the defendants were joint tenants and constituted a single unit and therefore notice to one of the defendants was sufficient to determine the tenancy. The view proceeded on the basis that the heirs of the original tena