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.