Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2017

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 The Court clarified that the provisions of the U.P. General Clauses Act, 1904 did not extend the applicability of the repealed Act of 1947 to the tenancy in question.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.

Harkesh Chand vs Krishna Gopal Mehta & Ors · Niyam