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february 2017

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the tenancy under Section 106 of the Transfer of Property Act, 1882, was valid as the old Act of 1947 had been repealed and did not apply to the rural area of Doiwala after 15th July 1972.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.

HARKESH CHAND vs KRISHNA GOPAL MEHTA . · Niyam