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.