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august 1978

Supreme Court of India · 1978-08-14

FIRM SARDARILAL VlSHWANATH AND ORS. vs PRITAM SINGH

Citation / case number
SC 1969/60024
Court
Supreme Court of India
Petitioner
FIRM SARDARILAL VlSHWANATH AND ORS.
Respondent
PRITAM SINGH
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court ruled that a statutory tenant is entitled to notice under Section 106 of the Transfer of Property Act before eviction proceedings can commence under the East Punjab Rent Restriction Act, 1949. The Court held that the landlord's failure to provide such notice invalidates the eviction action, emphasizing that mere acceptance of rent does not imply renewal of tenancy under the Rent Restriction Act. The judgment clarifies that additional evidence is required to demonstrate the landlord's intention to renew the lease beyond mere rent acceptance.

FIRM SARDARILAL VlSHWANATH AND ORS. vs PRITAM SINGH · Niyam