Termination of Lease: 106 of TP Act

Case 1 (Supreme Court - 2009) : (2009)15SCC693

para 19:  A simple tenancy can be terminated by service of notice under Section 106 of the Transfer of Property Act. Once a valid notice is served, the tenant becomes trespasser.

 

Case 2 ( Allahabad HC - single judge) : 2010 1 AWC742

para 9. It is further found from the finding recorded by both the authorities that a finding of fact has been recorded regarding service of notice. The contents of notice may not be very happily worded but the gist and meaning of the notice are very clear which terminates the tenancy of the petitioner immediately on the date of receipt of notice and to vacate the premises within 30 days. In my opinion this is the only requirement in law for giving notice under Section 106 of the Transfer of Property Act. The notice cannot be sought to be invalid unless and until it is proved by the person concerned that there is no mention in the notice that he is in arrears for more than 3 months or there is no whisper in the notice regarding termination of the tenancy immediately after the expiry of 30 days from the date of receipt of the notice. A clear finding has been recorded by the Judge, Small Causes Court as well as by the revisional authority. In the notice, it has clearly been mentioned that within a period of 30 days, he has to vacate the premises.

 

   Case 3 (Sup Ct - 7 judges) AIR1979SC1745,

para 7. It is this clause which brings into operation the requirement of Section 106 of the Transfer of Property Act. Without adverting to the effect and the details of waiver of forfeiture, waiver of notice to quit, relief against forfeiture for non-payment of rent etc. as provided for in Sections 112 to 114A of the Transfer of Property Act, suffice it to say that under the said Act no ground of eviction of a tenant has to be made out once a contractual tenancy is put to an end by service of a valid notice under Section 106 of the Transfer of Property Act. Until and unless the lease is determined, the lessee is entitled to continue in possession. Once it is determined it becomes open to the lessor to enforce his right of recovery of possession of the property against him.