V DHANAPAL CHETTIAR Vs. YESODAI AMMAL

JUDGEMENT

(1.) This apeal by special leave at the instance of the tenant of certain premises in the town of Vellore was heard by a larger Bench of this Court consisting of seven Judges to resolve the cleavage of opinion between the various High Courts in India as also between several decisions of this Court, on the question as to whether in order to get a decree or order for eviction against a tenant under any State Rent Control Act it is necessary to give a notice under Section 106 of the Transfer of Property Act. We proceed to do so in this judgment.

(2.) The respondent filed an application against the appellant under Section 10 (3) (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as the Tamil Nadu Rent Act, on the ground of personal necessity. The Rent Controller held that the requirement of the respondent was not genuine and he accordingly dismissed her petition. On appeal by the landlady the Appellate Court held in her favour on the point of her requiring the premises bona fide for her personal necessity but maintained the dismissal of her application on the ground that a notice to quit was necessary and the one given by her was not in accordance with law. The landlady took up the matter in revision to the Madras High Court. A learned single Judge of that Court following his earlier decision in K. Sukumaran v. S. Neelakantan, (1976) 2 Mad LJ 84 held that notice to quit under Section 106 of the Transfer of Property Act was not necessary for seeking an eviction of a tenant under the Tamil Nadu Rent Act. Hence this appeal by the tenant.

(3.) We do not think it necessary to decide in this appeal whether the notice to quit given to the appellant was a valid notice in accordance with Section 106 of the Transfer of Property Act. The controversy before us centered round the question whether such a notice was at all necessary to be given.