CHANAN SINGH Vs. SUDHIR SARAN

JUDGEMENT

(1.) The appellant is tenant, while respondent is landlord. The landlord filed an application for eviction of the tenant under Section 14 (l),(a) of the Delhi Rent Control Act, 1958 (hereinafter called 'the Act'). An order, undersection 15(1) was passed which the tenant failed to comply and therefore an eviction order was passed by the Controller on 4th December, 1979 and it was confirmed by the Tribunal on 25th April, 1980. The contention of the tenant is that the notice of demand does not comply with the requirements of Section 106 of the Transfer of Property Act, 1882 read with clause (a) of the proviso to Section 14(1) of the Act. Section 106 ofthe transfer of Property Act is as under :

(2.) Section 14(1) (a) ofthe Act is as under : Section 14(1) (a) : that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rept has been served on him by the landlord in the manner provided in Section 106 of the Transfer of Property Act, 1882:"

(3.) Section 106 of the Transfer of Property Act is in two parts. First part refers to the manner in which tenancies for argicultural, manufacturing and other purposes are to be terminited. Accordingly agricultural and manufacturing tenancies are to be terminated by six month's notice expiring with the end of the year of tenancy while tenancies for other pruposes are to be terminated by 15 days' notice expiring with the end of the month of tenancy. Again such notice is subject to contact between the parties. As far as rent control matters are concerned, it is not necessary to terminate the tenancy in view of the Supreme Court judgment in V. Dhanapal Chettiar v. Yesodai Ammal, AIR 1979 S.C.I 745. It was therefore unnecessary for the landlord to comply with first part of Section 106 of the Transfer of Property Act. The second part provides it should be in writing and signed. It further provides the manner in which it is to be served upon the tenant. Section 14 (1) (a) of the Act provides in what manner notice of demand for arrears of rent is to be served. The clause provides that it should be served in the manner mentioned in Section 106 of the Transfer of Property Act, 1882. Clause (a) of Section 14(1) of the Act does not refer to first part of section 106 of the Transfer of Property Act pertaining to termination of tenancy. Thus a notice of demand is to be served in the manner as mentioned in second part of Section 106 of the Transfer of Proparty Act. There is no force in the contention raised by the tenant that a notice of demand should also comply with the requirements of first part of Section 106 of the Transfer of Property Act The appeal is dismissed with costs. Counsel fee Rs. 200.00 .