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1976 Supreme(Mad) 118

RAMAPRASADA RAO
K. Sukumaran Nair – Appellant
Versus
S. Neelakantan Nair – Respondent


Advocates:
P. Ramaswamy, K. Doraiswami, P. Ananthakrishnan Nair, B. Ananthakrishniah, for Petitioners; S. Padmanabhan, S. Jagadisan, T.R. Rajagopalan and K. Shanmugham, for Respondents.

ORDER:- The only question of law that has been argued in this batch of Civil Revision Petitions is whether a notice of termination of tenancy under Section 106 of the Transfer of Property Act is required before taking action under one or the other of the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The facts which are common and which are not agitated before me need not be adverted to. But the question has arisen in all these cases whether a notice of termination of tenancy under the Transfer of Property Act is required at all before a petition could be presented to the statutory authority under the Buildings Act for obtaining relief under the various provisions of the Act.

2. There is abundance of case law on this subject and at one time they are perplexing and apparently contradictory as well. I shall now trace the various decided cases to find whether in the view of the Supreme Court as laid down by them and reiterated by them later the provisions of the Transfer of Property Act still would hold the field and should be looked into for purpose of observance of some of its prescriptions before an application under the Buildings Act could be filed. I ma
















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