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1974 Supreme(All) 113

JAGMOHANLAL, B.K.KAUL
Abdul Jalil – Appellant
Versus
Haji Abdul Jalil – Respondent


Advocates:
S. Misra, for Appellant; S.C. Das, for Respondents.

Judgement

JAGMOHAN LAL, J. :- The only point that arises for decision in this second appeal is the validity or otherwise of a notice under Section 106, Transfer of Property Act, which was served in this case by the plaintiff-respondent on the defendant-appellant.

2. In present days of scarcity of accommodation litigation between Landlord and tenant has greatly increased. Most of the litigation centres round the question of the validity of the notice by means of which the tenancy is sought to be put an end to by the landlord. Though the general principles governing the validity of such notices have fairly been settled by the decisions of the Supreme Court and Full Bench and Division Bench decisions of this Court, in some individual cases discordant observations have been made by some learned Judges. The reference of this second appeal to this Bench is also the result of some divergent views expressed by two learned Judges of this Court in their decisions while considering the validity of the individual notices that came before them for interpretation. Though the learned single Judge who referred this second appeal to a Division Bench has not noted those decisions containing the diverg






























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