Supreme Court of India · 2017-02-13
HARKESH CHAND vs KRISHNA GOPAL MEHTA .
- Citation / case number
- SC 2009/32991
- Court
- Supreme Court of India
- Petitioner
- HARKESH CHAND
- Respondent
- KRISHNA GOPAL MEHTA .
- 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the tenancy under Section 106 of the Transfer of Property Act, 1882, was valid as the old Act of 1947 had been repealed and did not apply to the rural area of Doiwala after 15th July 1972. The Court found that there was no protection for tenants in Doiwala between the repeal of the old Act and the issuance of a new notification on 23rd January 1973. Consequently, the High Court's decision to allow the landlord's eviction suit was upheld, reversing the lower courts' findings.