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august 1971

Supreme Court of India · 1971-08-04

CHIRANJI LAL KHAITAN & ORS. vs MOTI LAL SARAOGI

Citation / case number
SC 1966/60522
Court
Supreme Court of India
Petitioner
CHIRANJI LAL KHAITAN & ORS.
Respondent
MOTI LAL SARAOGI
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the provisions of the 1949 Act do not apply to the 'transferred territories' unless extended by the 1958 Act, specifically Section 3, which protects acts done under repealed laws. The quit notice served under Section 106 of the Transfer of Property Act was valid as it was an act done under a repealed law, thus not subject to the 1949 Act's provisions. The Court also clarified that the liability to pay compensation for structures erected by the tenant arises only under specific conditions, which were not met in this case, leading to the dismissal of the compensation claim.

CHIRANJI LAL KHAITAN & ORS. vs MOTI LAL SARAOGI · Niyam