The theory of double protection or additional protection has been stretched too far and without a proper and due consideration of all its remifications.It was accordingly held that no notice to quit is necessary under Section 106 of the Transfer of Property Act in order to enable the landlord to get an order of eviction against the tenant.
In Dhanapal Chettiar vs. Yesodai Ammal ( 1 S.C.R. 334 = AIR 1979 SC 1745), the question before the Apex Court was as to whether in order to get a decree or order for eviction against a tenant under any State Rent Control Act it is necessary to give a notice u/s. 106 of the Transfer of Property Act?
The Court observed that it is true that the Rent Act is intended to restrict the rights which the landlord possessed either for charging excessive rents or for evicting tenants, but if within the ambit of those restricted rights he makes out his case, it is a mere empty formality to ask him to determine the contractual tenancy before institution of a suit for eviction. This was necessary under the Transfer of Property Act as mere termination of the lease entitled the landlord to recover possession. But under the Rent Control Acts it becomes an unnecessary technicality to insist that the landlord must determine the contractual tenancy. It is of no practical use after so many restrictions on his right to evict the tenant have been put.
The restricted area under the various State Rent Acts has done away to a large extent with requirement of the law of contract and the Transfer of Property Act. If “protection from eviction is claimable by the tenant even after, determination of the contractual tenancy” then why import the contractual law engrafted in the Transfer of Property Act for seeking eviction of the tenant?
The tenant becomes liable to be evicted and forfeiture comes into play only if he has incurred the liability to be evicted under the State Rent Act, not otherwise. In many State statutes different provisions have been made as to the grounds on which a tenant can be evicted and in relation to his incurring the liability to be so evicted. Some provisions overlap those of the Transfer of Property Act. Some are new which are mostly in favour of the tenants but some are in favour of the landlord also. Here, one has to look to the provisions law contained in the four corners of any State Rent Act to find out whether a tenant can be evicted or not. The theory of double protection or additional protection held to have stretched too far and without a proper and due consideration of all its remifications.
It was accordingly held that no notice to quit is necessary under Section 106 of the Transfer of Property Act in order to enable the landlord to get an order of eviction against the tenant.