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april 1975

Supreme Court of India · 1975-04-03

DATTONPANT GOPALVARAO DEVAKATE vs VITHABRAO MARUTHIRAO JANAGAVAI,

Citation / case number
SC 1974/60508
Court
Supreme Court of India
Petitioner
DATTONPANT GOPALVARAO DEVAKATE
Respondent
VITHABRAO MARUTHIRAO JANAGAVAI,
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that under Section 106 of the Transfer of Property Act, a month-to-month tenancy can be terminated by a 15-day notice, and that the one-year tenancy ended on April 9, 1946, excluding the commencement date. The Court found that the respondent's notice to terminate the tenancy was invalid, as it did not comply with the legal requirements for termination. Consequently, the appeal was allowed, and the eviction order was set aside, reaffirming the necessity of valid notice for termination under Section 111 of the Transfer of Property Act.

DATTONPANT GOPALVARAO DEVAKATE vs VITHABRAO MARUTHIRAO JANAGAVAI, · Niyam