VidhiSangh

Supreme Court of India · 22/11/2024

NAEEM BANO ALIAS GAINDO versus MOHAMMAD RAHEES & ANR.

[2024] 11 S.C.R. 1492 · 2024 INSC 1000

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Summary

The Supreme Court held that once Parliament substituted Section 106 of the Transfer of Property Act by Act 3 of 2003 (w.e.f. 31.12.2002), the earlier Uttar Pradesh amendment of 1954 to that section stood impliedly repealed by virtue of the proviso to Article 254(2). The validity of an ejectment notice issued in 2015 was therefore no longer controversial, and the High Court should not have kept the tenant's Article 227 petition pending a larger Bench reference on the notice period.

Issues

  1. Whether the High Court was justified in deferring the tenant's petition under Article 227 until a larger Bench answered a reference on the notice period under Section 106 of the Transfer of Property Act.
  2. Whether, after Parliament substituted Section 106 of the Transfer of Property Act by Act 3 of 2003, the 1954 Uttar Pradesh amendment to Section 106 continued to govern notices to quit in Uttar Pradesh.

Provisions considered

Held

Result

Appeal disposed of; the High Court's order deferring the matter set aside; the High Court requested to decide the tenant's petition under Article 227 on merits, in light of the observations made, as expeditiously as possible.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 1492.