In Brief
This case concerns the eviction of a tenant from commercial property in West Bengal. The appellant (landlord) and respondent (tenant) had an unregistered fifteen-year lease from 1981. After the lease expired in 1996, the respondent remained in occupation. The High Court dismissed the eviction suit, holding that a statutory notice under Section 106 of the Transfer of Property Act was mandatory. The Supreme Court reversed this, holding that since the tenant admitted the fifteen-year lease had expired, no notice was required. The Court restored the trial court's eviction decree but granted the respondent one year to vacate and allowed it to challenge the mesne profits assessment.
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