Kumud Kumar vs Central Bank Of India And Anr.

The Supreme Court upheld the High Court's decision that the landlady's failure to terminate the tenancy under Section 106 of the Transfer of Property Act invalidated her initial suit for possession. After proper notice was given, the trial court decreed a new suit for possession and awarded mesne profit at Rs. 5,000 per month. The Court ruled that the landlady could withdraw the mesne profit deposited by the tenant for the specified period, affirming the principle that a litigant cannot pursue two remedies simultaneously.