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.