Law:

Section:

(a) Transfer of Property Act (IV of 1882)-- S. 106--Termination of tenancy-Service of notice -Word "post" in S. 106-Held, refers to "letter"-"Telegram" not a valid notice sent by post within meaning of S. 106.-[Words and phrases Chambers' Twentieth Century Dictionary (New Edn., 1973) ref: (b) Transfer of Property Act (IV of 1882) S 106-Propety in dispute situate at place to which Act not made Applicable'--Letter; addressed by counsel of lessor to counsel .of le3see informing him that tenancy had terminated-Held, sati6fied ,require , meats of principle of S. 106â-ž though provisions thereof not applicable to case. (c) Transfer of Property Act (IV of, 1882)- .--- S. 106-Termination of tenancy-Formal notice of termination of tenancy not given to lessee before institution of suit- Held, suit of lessor could not be dismissed for non-service of such notice Filing of suit by lessor-Held, amounted to notice of termination of tenancy.-[M. Salmi v. Shaikh Abdul Latif P L D 1963 Dacca 477; G. A. Jaffery v. Karachi Port Trust P L D 1962 Kar. 32 and Rattan Sen Sachhar v. Sm. Krishan Kaur and another A I R 1933 Lab. 134 held not applicable]. Maulvi Falz Bakhsh v. Syed Shadi Shah P L D 1956 Lab. 261 and Karam Chand v. Amar Nath Mohsan A I R 1933 Lab. 377 rel. M. Salim v. Shaikh Abdul Latif P L D 1963 Dacca 477 ; G. A. Jaffery v. Karachi Port Trust P L D 1962 Kar. 32 and Rattan Sen Sachhar v. Sm. Krishan Kaur and another A I R 1933 Lab. 134 bold net applicable. JUDGEMENT This regular second appeal has arisen out of a suit filed by the respondent. Abdul Hamid, for eviction of the appellant, Barkat Ullah Khan, from House No. 22, Street No. 8, F/7-3, Islamabad. It was alleged by the respondent that he had let out the house to the appellant but bad terminated his tenancy by . means of a telegram sent to him (appellant). The suit was resisted bar the appellant on the ground that a notice under section 106 of the Transfer of Property Act, 1882, hereinafter referred to as the said Act, had not been served on him and, therefore, the suit was not competent. In his replication, it was contended by the respondent that the said Act was not applicable to Islamabad and, therefore,…

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