Shri Mehboob Ali & Ors vs Smt. Habiban

The Supreme Court addressed the legality of a Rajasthan High Court judgment allowing an amendment under Order VI Rule 17 of the CPC, permitting tenants to argue non-termination of tenancy without notice under Section 106 of the Transfer of Property Act. The Court held that the High Court's reliance on the precedent set in Prakash Mal's case was misplaced, as it had been reversed by a Division Bench in Fateh Lal Dak's case. The Court emphasized that the requirement of notice under Section 106 is not absolute and can vary based on the specific terms of the rent agreement, ultimately allowing the appeal.