LAWS(APH)-1968-11-4

ULIGAPPA Vs. S MOHAN RAO MINOR

Decided On November 29, 1968
ULIGAPPA Appellant
V/S
S.MOHAN RAO, MINOR BY GUARDIAN CHANGAMMA Respondents

JUDGEMENT

(1.) The question, which must necessarily by answered in this batch of revision petitions, is whether the Andhra Pradesh Buildings (Lease. Rent and Eviction) Control Act (XV of 1960), hereinafter called "the Act" is a self contained Code governing relationship between lardlord and tenant, and therefore it is unnecessary to determine the tenancy by the landlord by the, issue of a notice under section 111 (g) or 111 (h) read with section 106 of the Transfer of Property Act before a petition for eviction is filed on any one of the grourds under section 10 of the Act.

(2.) In order to answer this question effectively, it is necessary to know as to In what setting section 106 oi the Transfer of Property Act appears. Chapter V. of the Transfer of Property Act concerns itself with the lease of immovable property. The provisions of that Chapter apply to all leases except agricultural leases. These provisions do not apply unless there is a notification issued by the State Government under Sectioa 117 of the Transfer of Property Act to make Chapter V applicable to such leases.

(3.) Section 105 defines the term 'lease'. Section 106 pertains to the duration of certain leases. In the absence of written contract, local law or usage the Section applies. The Section being relevant must be read in full: