BHAGAT SINGH Vs. SAMYUKTA UPPAL

JUDGEMENT

(1.) The sole question for decision in. this second appeal by the tenant is whether the notice dated 1-1-1965 given to him by the landlord was sufficient to determine his contractual tenancy of the premises. The tenancy began prior to 1-12-1962 when section 106 of the Transfer of Property Act became applicable to Delhi. The notice to terminate the tenancy was, therefore, required to be only a reasonable notice and not a notice in accordance with the terms of section 106 of the Transfer of Property Act, Such a reasonable notice has to be for about 15 days but need not terminate the tenancy with the expiry of the month of tenancy.

(2.) Bearing this in mind, the last paragraph of the notice may be perused which is as below :-

(3.) The Controller dismissed the petition of the landlord for the eviction of the tenant on the preliminary ground that the abovementioned notice was not a valid one. This decision was reversed by the Tribunal who held that the notice was valid to terminate the contractual tenancy of the tenant.