Nirbhai Kumar vs Maya Devi And Ors

The Supreme Court referred conflicting decisions in Martin & Harris Ltd. v. VIth Additional District Judge and Anwar Hasan Khan v. Mohd. Shafi to a larger bench regarding the interpretation of the proviso to Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The Court held that the protection under the proviso is personal to the tenant and can be waived, emphasizing that the proceedings under Section 21(1)(a) are not of public nature but rather personal disputes between landlords and tenants. The judgment clarifies that a tenant may choose to waive their right to the six-month notice period provided under the Act.