1981 INSC 0125
                                          Krishnadeo Narayan Aggarwal

                                                           Vs

                                                  Ram Krishan Rai

                                          Civil Appeal No. 845 of 1981

                                           (R.S. Pathak, R.B. Misra JJ)

                                                      25.02.1981

                                                     JUDGMENT

PATHAK, J. -

1. Special leave granted.

2. The only point agitated before the learned District Judge related to the service of notice issued
under Section 106 of the Transfer of Property Act. The learned District Judge held that the notice
had not been served on the respondent. The High Court dismissed the plaintiff's second appeal in
limine, on the ground that the case was concluded by findings of fact. In this appeal before us, the
only question which can conceivably be considered is whether the failure to serve notice precludes
the appellant from claiming a decree for eviction. In view of the opinion of this Court in Dhanapal
Chettiar v. Yesodai Ammal (AIR 1979 SC 1745 : (1979) 4 SCC 214 : (1980) 1 SCR 334), no notice
is necessary under Section 106 of the Transfer of Property Act in cases where the possession of the
tenant is protected by the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947. In the
circumstances, the finding rendered by the learned District Judge can be of no avail to the
respondent.

3. In the result, the appeal is allowed, the decree of the High Court is set aside and the suit is
decreed for ejectment. However, a period of nine months from today is allowed to the respondent to
vacate the premises on furnishing an undertaking in the usual terms within three weeks from today.
There is no order as to costs.

</html