| Case ID |
2e160352-a287-4c5e-9776-52d94cd277f4 |
| Body |
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| Case Number |
Second Appeal No. 318 of 1955 |
| Decision Date |
Jan 09, 1956 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal, affirming the lower courts' decisions. The court ruled that the notice given to the tenant was valid despite not expiring on the last day of the month of tenancy, as the parties had agreed to a notice period of one month before ejectment. The court emphasized that Section 106 of the Transfer of Property Act applies only in the absence of a contract to the contrary. Since the tenant received the notice on August 8, 1954, and the suit was filed on November 13, 1954, the court found no prejudice to the tenant as more than three months had passed since the notice was issued. Thus, the appeal was dismissed with costs throughout. |
| Summary |
This case revolves around the interpretation of Section 106 of the Transfer of Property Act, 1882, specifically regarding the notice period required for eviction. The case highlights the importance of contractual agreements between parties in determining the validity of notices. The core issue was whether the notice issued by the landlord, which did not coincide with the last day of the tenancy month, was valid. The court concluded that since the parties had an explicit agreement regarding the notice period, the provisions of Section 106 did not apply. The decision underscores the necessity for landlords and tenants to clearly outline their terms in lease agreements to avoid disputes. This case serves as a significant reference for real estate law and landlord-tenant relations, emphasizing the need for clarity in contractual obligations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI, J
|
| Lawyers |
Muhammad Akram,
Karam Elahi Chohan
|
| Petitioners |
Maulvi FAIZ BAKHSH
|
| Respondents |
Syed SHADI SHAH
|
| Citations |
1956 SLD 69,
1956 PLD 361
|
| Other Citations |
Karam Chand v. Amar Nath Mohsan A I R 1933 Lah. 377,
Kaka v. Ram Saran A I R 1926 Lah. 129,
Chuni Lal v. Chuni Lal A I R 1923 Lah. 659
|
| Laws Involved |
Transfer of Property Act, 1882
|
| Sections |
106
|