BASU DEV RAJA RAM Vs. CHHUHARA RAM

JUDGEMENT

(1.) It is admitted that the provisions of Section 106 of the Transfer of Property Act were applicable in Solan on the 2nd of December, 1966 where a petition under section 13 of the East Punjab Urban Rent Restriction Act, 1949, was presented for the eviction of the respondent. Section 106 of the Transfer of Property Act is:

(2.) It is stated in paragraph 2 of the application for eviction dated the 2nd December, 1966 that the respondent was a tenant at Rs. 11/- per month and that tenancy was one commencing with the first of Baisakh in every year ending with the last day of the month of Chet in the next year. It is also averred in the same paragraph of the said application that the respondent was liable to pay the rent month by month and in case he did not do that the entire yearly rent alongwith the taxes was to become recoverable at the end of the year.

(3.) The provisions of section 106 of the Transfer of Property Act, however, clearly determine that the tenancy pleaded would be deemed to be a lease from month to month. The aforementioned provision, in the first part deals with the leases of immoveable property for agricultural or manufacturing purposes. The lease in the instant case was not for any of those purposes. It is the following part of the provision which is applicable: