IDANDAS Vs. ANANT RAMCHANDRA PHADKE DBAD

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Bombay dated Dec. 24, 1975 (18th Nov., 1976 )

(2.) The short point of law involved in this case is whether the lease in question granted by the landlord to the appellant-tenant was a lease for manufacturing purposes. In case the lease was for a purpose of manufacture then it is manifest that under S. 106 of the Transfer of Property Act the lease could be terminated only by giving six months' notice.

(3.) The suit was contested by the defendant-tenant. The plaintiff's case was that the tenancy was from month to month and, therefore, a month's notice to terminate the tenancy was sufficient and the provision under S. 106 of the T. P. Act was not attracted. The plaintiff also denied that the lease was for a manufacturing purpose. The High Court upheld the judgment of the District Judge holding that the lease was not for a manufacturing purpose and held that the tenancy was rightly terminated as the notice was valid.