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september 2005

Supreme Court of India · 2005-09-19

Jaswant Raj Soni vs Prakash Mal

Citation / case number
AIRONLINE 2005 SC 572
Court
Supreme Court of India
Petitioner
Jaswant Raj Soni
Respondent
Prakash Mal
Author
Arun Kumar
Bench
Arun Kumar, A.K. Mathur

Judgment text excerpt

The Supreme Court held that the requirement of a one month's notice to vacate, as claimed by the tenants, is not enforceable under Section 106 of the Transfer of Property Act, as there is no legal necessity for such notice prior to filing an eviction petition. The Court clarified that conditions printed on rent receipts do not constitute a binding agreement between the parties regarding notice requirements. Consequently, the eviction petitions were deemed maintainable despite the absence of a formal notice, affirming the landlords' right to evict the tenants.

Jaswant Raj Soni vs Prakash Mal · Niyam