AIR 1984 SUPREME COURT 143 ::1984 (1) SCC 369

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): A. P. Sen, E. S. Venkataramiah , JJ

Transfer of Property Act (4 of 1882) , S.106, S.111, S.116— Lessee in occupation of property after expiry of lease - Is tenant holding over - Suit for ejectment without notice to quit under S. 106 of T.P. Act - Not maintainable - He does not become tenant at sufference on expiry of term under unregistered lease executed before filing of suit - Provision to Section 49, Registration Act or O. 7. R. 7, Civil P.C. is also not attracted. S. A. Nos. 118 and 152 of 1983, D/- 5-7-1983 (Andh Pra), Reversed. Registration Act (16 of 1908) , S.49 Proviso— Civil P.C. (5 of 1908) , O.7 R.7— @page-SC144 Where a suit for ejectment and mesne profits was filed without a notice to quit under Section 106 of the Transfer of Property Act against a tenant in occupation of the rented property after expiry of lease, the suit would not be maintainable. Such person is a tenant holding over and notice to quit under Section 106 of the T. P. Act was necessary. It cannot be said that on expiry of the specified term under the unregistered lease deed executed before the filing of the suit, he became tenant at sufference under Section 111 (a) of the T. P. Act and the suit was maintainable without notice under Section 106 of the Act. The unregistered lease deed cannot also be taken into consideration on the ground that such deed can be admitted in evidence for ....