The Transfer of Property Act, 1872  - Section 106

Notice - Short fall of time - But suit filed after more than 6 months from the date of eviction notice - Valid - Suit decreed - High court confirm - Apex court held that We have noticed that the High Court duly considered the question of notice and correctly came to the conclusion that the Legislature wanted to plug the loopholes and to redress the mischief by making a change in the law. Therefore, if the notice is short of the period specified in sub-section (1) but the suit or proceeding is filed after the expiry of the period mentioned in sub-section (1), the notice shall not be deemed to be invalid. Clearly, in this matter, the notice was issued on July 26, 2023 and the suit was actually filed on February 6, 2024 - After six months and, therefore, the notice cannot be declared or deemed to be invalid.

Topic(s)-Powers of Receivers