Late challenge to tenancy termination notice refused where the plea was abandoned earlier and would have prejudiced the landlord.

A belated plea that the notice terminating the contractual tenancy was invalid could not be entertained where it was omitted from the original written statement, introduced only after about eight years by amendment, and treated as abandoned before the Rent Control Tribunal. Although a pure question of law may sometimes be raised later, the tenant's conduct, the long delay, and the prejudice to the landlord were decisive: an earlier objection could have been met by withdrawing the eviction petition and issuing a fresh notice. The Supreme Court therefore refused to permit the technical objection and restored the eviction order in favour of the landlord.

---

---

Issues: Whether the tenant could be permitted to raise, at the High Court stage, the plea that the notice terminating the contractual tenancy was invalid when that plea had not been taken in the original written statement, had been sought to be introduced only after long delay, and had been treated as abandoned before the Rent Control Tribunal.

Analysis: The plea of invalidity of notice was not raised in the original written statement and was introduced only after about eight years by amendment. The tenant had throughout disputed the landlord's title and had not urged the absence or defect of notice before the Rent Control Tribunal, which recorded that no other point had been pressed. In such circumstances, the late attempt to rely on a technical objection would have caused prejudice to the landlord, because an earlier objection could have been met by withdrawing the eviction petition and issuing a fresh notice. The Court held that, though a pure question of law may sometimes be entertained, the conduct of the party, the long delay, the abandonment before the Tribunal, and the resulting prejudice made it improper to allow the point to be raised.

Conclusion: The plea of invalid notice ought not to have been entertained, and the eviction order in favour of the landlord was restored.

Ratio Decidendi: A technical plea affecting maintainability, if not raised at the proper stage and abandoned before the final fact-finding forum, may be refused where belated introduction of the plea would prejudice the opposite party.

---