Supreme Court of India · 2001-04-18
Samir Mukherjee vs Davinder K. Bajaj & Ors
- Citation / case number
- AIR 2001 SUPREME COURT 1696
- Court
- Supreme Court of India
- Petitioner
- Samir Mukherjee
- Respondent
- Davinder K. Bajaj & Ors
- Bench
- Syed Shah Mohammed Quadri, S.N. Phukan
Judgment text excerpt
The Supreme Court held that under Section 106 of the Transfer of Property Act, a lease for manufacturing purposes is deemed to be from year to year, requiring a six-month notice for termination, rather than a 15-day notice. The Court rejected the appellant's claim that the tenancy was permanent, affirming the lower courts' decisions that the notice to quit was valid. The ruling clarified the application of Sections 106 and 107 of the Act in determining the nature of tenancy and notice requirements.