AIR 1952 CALCUTTA 19

Calcutta High Court

Hon'ble Judge(s): Roxburgh , J

(A) Transfer of Property Act (4 of 1882) , S.106— 'Monthly tenancy' meaning of. Section 106 of the Transfer of Property Act clearly contemplates any kind of "monthly tenancy" and it is well known that a monthly tenancy may be according to an English calendar, Bengali calendar Sambat calendar and so forth, and may commence on any day of the particular month, say, from the 5th of one to the 4th of the next and so on. Hence it is incorrect to say that all tenancies from month to month under S. 106 must be according to the English calendar in view of S. 33, General Clauses Act. View of Rau, J. in AIR (31) 1944 Cal 84, diss. from.(Para 6) Anno: T. P. Act, S. 106, N. 42. (B) Transfer of Property Act (4 of 1882) , S.106— Notice to quit - Validity. A notice to quit written in Bengali was given on 20-12-1948 calling upon the tenant to vacate 15 days after the notice within the month of Poush, that is to say, by the first of Magh. The month of the tenancy was the Bengali month. Held that the notice to quit was not defective. The intention was to give notice to the tenant to vacate at the end of the Bengali Calendar month which was known to be the month of tenancy. Out of a sort of extra caution whoever draft....