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Shri Ram Pistons & Rings Ltd. vs Dr. Banwari Lal And Anr. on 1 April, 1998 cites

Chander Kanta Singhal Etc. vs Kapadia Exports And Anr. on 11 October, 1996

357 & 359/95 (Smt. Chander Kanta Singhal and Anr. v. Kapadia Exports and Anr., decided on 11.10.96), it was held that it is necessary that a tenant objecting to the validity of the notice to quit under Section 106 of the Transfer of Property Act must plead which of the requirements of Section 106 of the Transfer of Property Act had not been complied with. The mere fact that the defendant in the written statement disputed the legality and validity of the notice dated 28.12.1988 without specifying which of the requirement of Section 106 had not been complied with, does nut tantamount to making the requisite pleas. Consequently, averments made in para No. 6 and No. 7 of the written statement cannot be construed as an allegation that all requirements of Section 106 of the Transfer of Property Act were not complied with. Admittedly, the notice to quit dated 28.12.1988 was received by the appellant and by that notice the appellant's tenancy was terminated with the end of the month of tenancy i.e. 31.1.1989. In our opinion, the learned Trial Court has rightly held that the appellant's tenancy was duly terminated by the said notice.
Delhi High Court Cites 7 - Cited by 7 - M S Siddiqui - Full Document

Burmah Shell Oil Distributing Now Known ... vs Khaja Midhat Noor And Others on 3 May, 1988

6. Suffice it to say that the aforesaid pleas were not raised before the Trial Court, and as such the appellant cannot be permitted to raise these pleas for the first time before this Court. Moreover, it is undisputed that there is no registered instrument evidencing the transaction in question. Section 107 of the Transfer of Property Act postulates that lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent can be made only by registered instrument. In the absence of registered instrument, the lease shall be deemed to be "lease from month to month." (Burmali Shell Oil Distributing v. Khaja Midhat Noor, ). In that view of the matter, the termination of the lease could be by giving a valid notice under Section 106 of the Transfer of Property Act. In RFA Nos.
Supreme Court of India Cites 8 - Cited by 102 - S Mukharji - Full Document
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