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.