AIR 1958 ALLAHABAD 879 ::1958 ALL. L. J. 427

Allahabad High Court

Hon'ble Judge(s): D. N. Roy, B. Dayal , JJ

(A) Transfer of Property Act (4 of 1882) , S.116, S.106— Holding over - Determination of lease. If there was holding over, notice under section 106 of the Transfer of Property Act was necessary. If the notice did not end with the end of the month of tenancy, it was an invalid notice. On account of that invalidity the tenant could not have been ejected, and continued to be a tenant of the land. During the continuance of that tenancy the plaintiff by obtaining a lease could not eject the defendant.(Para 6) Anno : AIR Com., T. P. Act S. 116 N. 1, S. 106 N. 40. (B) Government Grants Act (15 of 1895) , S.2— Scope. Section 2 does not render all the provisions of the Transfer of Property Act inapplicable to lands held under grant from the Government, but the meaning of the section is that when the court is called upon to construe an instrument granting land by the Government, it shall construe such grant irrespective of the provisions of the Transfer of Property Act. Anno : G. G. Act, S. 2, N. 1. .....