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Judgment
Special leave granted. Arguments heard.
After hearing Learned Counsel for the parties, we find it difficult to sustain the judgment of the High Court holding the notice u/s 106 of the Transfer of Property Act, 1882 to be a defective notice. It failed to appreciate that the notice on a reasonable construction was a sufficient notice in compliance with the requirements of Section 106 of the Transfer of Property Act and therefore the contract of tenancy came to an end. The High Court was unduly technical in construing the notice as not expiring with the end of the month of tenancy within the meaning of Section 106 of 'the Act.
The appeal must therefore succeed and is allowed. The judgment and decree passed by the High Court are reversed and those of the learned District Judge decreeing the Plaintiff's suit are restored. No costs.
Special leave granted. Arguments heard. Substitution allowed.
In view of the decision of the Constitution Bench in Smt. Gian Devi Anand v. Jeevan Kumar and Ors. (1985) Supp. SCR 1, the judgment of the High Court holding that the right of a statutory tenant in respect of nonresidential premises is not heritable under the Delhi Rent Control Act, 1958, cannot be maintained.
Accordingly, we allow the appeal, set aside the judgment and order of the High Court as well as of the Courts below and dismiss the application for eviction. No costs.