Supreme Court Upholds Validity of Section 106 Notice; Denies Protection Under Tamil Nadu City Tenants Protection Act
In a significant ruling, the Supreme Court on November 1, 2023, settled a long-standing property dispute between the legatees of Mohideen Abdul Khadar and Rahmath Beevi and others. The bench, comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia, delved into the intricacies of the Transfer of Property Act, 1882, and the Tamil Nadu City Tenants Protection Act, 1921.
Supreme Court observed, “the plaintiff has rightly issued the quit notice under Section 106 of the Transfer of Property Act to the defendants 1 and 2 which, in the opinion of this Court, is valid since the plaintiff stepped into the shoes of Ameenal Beevi after having purchased the second scheduled property and after issuing quit notice, she also terminated the tenancy. Hence, the first defendants is not entitled to the benefits under City Tenants Protection Act.”
The dispute revolved around the title and possession of two blocks of lands located in Thenkasi Taluk, Kadayanallurpet, Tamil Nadu. While Mohideen claimed title over one property and sought protection of his possession over the other under the Tamil Nadu City Tenants Protection Act, Rahmath Beevi contested the claim, asserting her ownership of the second property and seeking its vacant possession.
The Supreme Court’s decision has brought clarity to the application of the Tamil Nadu City Tenants Protection Act and the validity of notices under the Transfer of Property Act. The judgment is expected to have implications for similar property disputes in the region.\
Date of Decision: 01 November 2023
MOHIDEEN ABDUL KHADAR VS RAHMATH BEEVI (D) THR. HER LRS.
