Supreme Court of India · 1967-10-23
THE CALCUTTA CREDIT CORPORATION LTD., & ANR. vs HAPPY HOMES (P) LTD.
- Citation / case number
- SC 1961/268
- Court
- Supreme Court of India
- Petitioner
- THE CALCUTTA CREDIT CORPORATION LTD., & ANR.
- Respondent
- HAPPY HOMES (P) LTD.
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under Section 106 of the Transfer of Property Act, a tenancy can be determined by a notice, and if the notice is accepted and acted upon by the landlord, the tenancy is effectively terminated. The Court found that the landlord's refusal to allow the withdrawal of the notice served by the tenant indicated acceptance of the notice, thus ending the tenancy on August 31, 1953. The appeal was allowed, restoring the decree of the Trial Court for possession against the respondent.