Supreme Court of India · 2017-02-13
Harkesh Chand vs Krishna Gopal Mehta & Ors
- Citation / case number
- AIR 2017 SUPREME COURT 969
- Court
- Supreme Court of India
- Petitioner
- Harkesh Chand
- Respondent
- Krishna Gopal Mehta & Ors
- Author
- S. A. Bobde
- Bench
- Ashok Bhushan, S.A. Bobde
Judgment text excerpt
The Supreme Court held that the notice terminating the tenancy under Section 106 of the Transfer of Property Act, 1882 was valid, as the old Act of 1947 did not apply to the Doiwala area after its repeal on July 15, 1972, and no protective notification was in force until January 23, 1973. The Court clarified that the provisions of the U.P. General Clauses Act, 1904 did not extend the applicability of the repealed Act of 1947 to the tenancy in question. Consequently, the High Court's order allowing the landlord's eviction suit was upheld, reversing the lower courts' decisions.