COL BACHITTAR SINGH Vs. SARDARNI JAGJIT KAUR

JUDGEMENT

(1.) BACHITTAR Singh landlord -petitioner, a Colonel in the army, on the verge of retirement, when moved the present application under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the 'Rent Act') for the ejectment of tenant -respondent on the ground of non -payment of rent and personal bonafide requirement, was non -suited by both the Courts below on the ground that he had not served a notice upon the tenant -respondent as required under Section 106 of the Transfer of Property Act 1882 (hereinafter referred to as 'the Act') despite a finding by both the Courts below in his favour regarding his bonafide requirement of the premises in question.

(2.) THE Courts below considered the compliance of the requirement of the provisions of Section 106 of the Act as mandatory on the strength of the Full Bench decision of this Court reported in Bhaiya Ram v. Mahavir Parsad, 1968 P.L. R. 1011, which stands overruled by a latter Full Bench decision of this Court reported in Vinod Kumar v. Harbans Singh Azad, 1977 P.L.R. 144, following the Supreme Court decision reported in Puwada Venkateshwara Rao v. Chidamana Venkuta Ramana, A. I. R. 1976 S.C. 869.

(3.) MR . J.K. Sharma appearing for the respondent, however, sought to rely on Rattan Lal v. Vardesh Chander, 1976 (2) S. C. C. 103.