Supreme Court of India
Shri Mehboob Ali and Ors. v. Smt. Habiban
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From the headnote
Transfer of Property Act, 1882-Section 106-Jnstitution of eviction · petition-Reqiiirement of notice-Decision by Single Judge of High Court relying on the decision of Division Bench of High Court-Legality of-Held: In view of the principles laid down in Jaswant Raj Son i's case by Supreme Court, matter remitted back-Precedent. Appel!ant-tenants filed an application under Order VI Rule 17 CPC permitting them to take a plea on the basis of non~termination of tenancy by landlord by serving notke under section 106 of Transfer of Property Act, 1882. Application was allowed relying on *Prakash Mal's
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