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1977 Supreme(Ker) 84

V.P.GOPALAN NAMBIYAR, GEORGE VADAKKEL
LELITHA – Appellant
Versus
AYISSUMMA – Respondent


Judgment :-

1. The reference order reads:

"The question of law of general importance raised in this appeal relates to notice under S.106 of the Transfer of Property Act What is required to be decided is whether a notice under S 106 of the Transfer of Property Act is a necessary pre-requisite for eviction under the Buildings (Lease and Rent Control) Act. In view of the apparent conflict between the decisions of the Supreme Court in Rattan Lal v Vardesh Chander [(1976) 2 S.C.C. 103] on the one hand and Puwado Venkateswara Rao v. Chilamana Venketa Ramana (AIR. 1976 SC. 869) on the other hand considering the great importance of the question, we consider it desirable to have authoritative pronouncement on the question of law and for this purpose we adjourn the hearing and direct it to be placed before the Chief Justice for passing appropriate orders for placing it before a Full Bench. We are told that CRP. No. 1707 of 1975 also raises the same question. This CRP. also may be posted along with it."

2. Sustaining the decision of the learned Subordinate Judge reversing the order of the Rent Control Court dismissing an application for eviction filed under sub-sections (2) and (4) (i) of S.11





















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