BURMAH SHELL OIL DISTRIBUTING NOW KNOWN AS BHARAT PETROLEUM vs KHAJA MIDHAT NOOR AND OTHERS

The Supreme Court held that under Section 107 of the Transfer of Property Act, 1882, a lease exceeding one year must be in writing, and in its absence, it defaults to a monthly lease. The Court affirmed that the tenancy continued on a month-to-month basis after the original lease expired, and a valid notice of termination under Section 106 was necessary. The notice issued by the lessor was deemed valid, and it was established that the sub-lessee need not be made a party in an ejectment suit against the lessee, provided there was a valid termination of the lease.