Asman Ali Laskar alias Jamir Uddin v. Forjan Ali Barbhuiya
1990-05-16
S.N.PHUKAN
body1990
DigiLaw.ai
Judgement JUDGMENT:- This second appeal is by the defendant. 2. Plaintiff filed the suit for recovery of arrears of rent and for eviction of the tenant from the suit house. The suit house is situated outside the urban area and as such the tenancy is governed by the Transfer of Property Act. The learned trial Court decreed the suit only for arrears of rent, but rejected the prayer for ejectment of the defendant. The prayer for ejectment was rejected only on the ground that no valid notice as required under S.106 of the Transfer of Property Act was served. Learned lower appellate Court held that notice to quit was valid and legal and accordingly decreed the suit in full. Hence, the second appeal. 3. The learned trial Court considering the question of notice while taking up issues Nos. 4 and 5. The tenancy was according to Bengali Calendar month and the notice was in English. Both the Courts below held that notice was issued by registered post on 28-10-75 and it was received by the defendant on 31-10-1975. In the notice tenancy was terminated on the last day of the month of Kartik, 1382 B. S. According to learned trial Court notice was vague as the corresponding English date of the last day of Kartik was not given and it could not be ascertained whether 15 days time was allowed. The Learned lower appellate Court after considering the calendar held that English date for the last day of Kartik, 1382 B.S. was 21-11-1975 and accordingly held that notice was valid. 4. Only point Mr. Singh, learned counsel for the appellant has urged that terminating the tenancy on the last day of Kartik is not in accordance with provision of S.106 of the Act and that the tenancy should have been terminated on the next day. 5. As the tenancy was a monthly one, according to S.106 of the Transfer of Property Act, the tenancy can be terminated by 15 days notice expiring with the end of month of tenancy. Under S.106 of the Transfer of Property Act, the notice terminating the tenancy must be in writing and in case of monthly tenancy it is terminable by 15 days notice and notice must expire with the end of the month of the tenancy.
Under S.106 of the Transfer of Property Act, the notice terminating the tenancy must be in writing and in case of monthly tenancy it is terminable by 15 days notice and notice must expire with the end of the month of the tenancy. In the case in hand there is no dispute that notice was in writing and that 15 days time was granted. As in the notice it was clearly stated that the period of notice would expire at the end of the month of Kartik, the notice fulfils all the requirements of S.106 of the Transfer of Property Act. 6. In Support of his contention Mr. Singh has placed reliance in a question of the Karnataka High Court in F. J. Fernandis v. A. P. Cardoza, AIR 1984 Kant 226. In my opinion, this decision does not support the contention of the learned counsel and in fact support the findings stated above. In that case in the notice it was stated that the lease in respect of the suit premises had been terminated at the end of the tenancy month which would expire after the end of 15th day from the date of service of notice. In other words, in the said notice it was not stated that tenancy would expire at the end of the month of the tenancy. It was held that though the requirement of 15 days was fulfilled but the most essential ingredient that it should expire at the end of the tenancy month had not been fulfilled. That is not the case in the present appeal. In the notice served on the defendant it was clearly stated that the tenancy would expire at the end of the month of Kartik i.e. the end of the tenancy month. 7. Situated thus, I do not find any force in the appeal. Accordingly it is dismissed. No costs. Interim order stand vacated. Appeal dismissed.