MEHBOOB ALI vs HABIBAN

The Supreme Court held that the first Appellate Court correctly allowed the amendment under Order VI Rule 17 of the CPC, permitting defendants to raise a plea regarding non-termination of tenancy by serving notice under Section 106 of the Transfer of Property Act. The Court emphasized that the requirement of notice is contingent upon the specific conditions laid out in the rent-deed, as established in the precedent case of Jaswant Raj Soni v. Prakash Mal (2005 (8) SCC 38). The appeal was allowed, affirming the High Court's decision to reverse the earlier ruling in Prakash Mal's case.