Prakash Tatia, J.—The matter has come up for hearing before this Court in view of the directions issued by the Hon’ble Apex Court in Civil Appeal No. 4138/2006 arising out of S.L.P. (C.) No. 21215/2005 decided on 14.09.2006 by which the Hon’ble Apex Court directed this Court to rehear the present Misc. Appeal and decide the issue whether the first Appellate Court could have allowed the application filed under Order VI Rule 17 C.P.C. and permitted the defendants-tenants to take a plea relating to non-termination of tenancy by the landlord by serving notice under Sec. 106 of the Transfer of Property Act in the light of the decision of the Hon’ble Apex Court in the case of Jaswant Raj Soni vs. Prakash Mal, 2005 (8) SCC 38 by keeping in view the principles set out in paragraphs 5 and 6 of the aforesaid judgment of Jaswant Raj Soni’s case.

2. Brief facts of the case are that the plaintiff-appellant Habiban filed suit for eviction of the tenants-respondents in the trial Court on 24.09.1996. The plaintiff sought eviction of the defendants-tenants from the suit premises on the grounds of default in payment of rent, personal bona fide necessity of the suit premises for the landlord’s son, o

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