R.S.Narula, J.

1. The circumstances in which the following three question of law have been referred to this Full Bench at the instance of P. C. Pandit, J. are given in substantial details in the order of reference passed by the learned Single judge, on July 23, 1968, and need not be recapitulated any detail:-

(i) whether an ejectment application under section 13 of the East Punjab urban Rent restriction Act (3 of 1949) can be field without the prior issue of notice under section 106 of the Transfer of property Act, 1882;

(ii) Whether the objection regarding non-issue of a notice under section 106 of the Transfer of property Act can be waived by the tenant; and

(iii) whether objection as to the validity of the notice can be waived by a tenant in a case in which a defective notice has been issued.

2. The admitted facts giving rise to this reference are that the respondent (hereinafter called the landlord) gave one weeks notice of ejectment to the petitioner (hereinafter referred to as the tenant) on July 26, 1965, before presenting an application to the Rent Controller for ejectment under Section 13 (3) (a) (I) of the East Punjab Urban Rent Restriction Act (3 of 1949)