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1994 Supreme(AP) 379

B.SUBHASHAN REDDY
Rishi Public School, Himayatnagar, Hyd. – Appellant
Versus
Union of India – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS writ petition raises the constitutional vires of statutory provisions contained under Section 106 of Transfer of property Act (hereinafter referred as "the act" ). The complaint is that the petitioner being an educational society had been running the schools and Junior College to impart education to the students and that the petitioner is a junior college at Himayatnagar in a rented premises and that the said lease is governed by the Act and after termination of the lease, the landlord had instituted a suit for eviction in O. S. No. 873/1992 on the file of the v Additional Judge, City Civil Court, hyderabad, and that the said suit was instituted after issuing 15 days notice as contemplated under Section 106 of the Act, and that as the petitioner s college runs on the basis of an academic year it is highly improbable and impossible to disrupt its activities and in such cases, the period of notice terminating the lease should be six months on par with the agricultural leases and the leases in respect of premises in which manufacturing process is carried on.

( 2 ) THOUGH the Act is preconstitutional one, it is saved under the constitution. It is a vali




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