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october 1963

Supreme Court of India · 1963-10-24

MANGILAL vs SUGANCHAND RATHI

Citation / case number
SC 1963/124
Court
Supreme Court of India
Petitioner
MANGILAL
Respondent
SUGANCHAND RATHI
Bench
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that a notice under Section 4(a) of the Madhya Pradesh Accommodation Control Act, 1955, and Section 106 of the Transfer of Property Act, 1882, must provide 15 clear days for the tenant to vacate. The Court found the initial notice ineffective due to insufficient notice period but upheld the validity of a subsequent notice that complied with the statutory requirements. The Court clarified that a suit for eviction does not require the tenant to be in arrears at the date of the suit, only that they failed to pay after receiving notice. The plaintiffs' suit was thus maintainable, leading to the dismissal of the tenant's defense.

MANGILAL vs SUGANCHAND RATHI · Niyam