Supreme Court of India · 1975-12-09
RATTAN LAL vs VARDESH CHANDER & ORS
- Citation / case number
- SC 1975/60646
- Court
- Supreme Court of India
- Petitioner
- RATTAN LAL
- Respondent
- VARDESH CHANDER & ORS
- Author
- V.R. KRISHNAIYER
- Bench
- V.R. KRISHNAIYER
Judgment text excerpt
The Supreme Court held that under Sections 106 and 111 of the Transfer of Property Act, a landlord must validly determine a lease before seeking eviction. The Court clarified that a lease stating it is for a period less than one year is considered indefinite and cannot expire by efflux of time. The Court also ruled that the institution of legal proceedings does not automatically terminate the tenancy, and the appeal can raise all points if permitted by the Court after a certificate of fitness is granted under Article 133.