OTHAMCHAND SAIT Vs. PADMANABHA SHENOI

JUDGEMENT

(1.) THIS is an appeal by the plaintiff in O. S. No. 16 of 1121 of the District Court of Anjikaimal. He is the owner of an item of property in Mattancherry and the defendant is his lessee. The lower court has held that there has been no proper notice of termination and negatived the plaintiff's prayer for recovery of possession.

(2.) WE propose to assume, without deciding, that the plaintiff is right when he says that the tenancy concerned is a tenancy from month to month commencing on the first of each month reckoned according to the english Calender. On that basis the notice required under S. 106 of the transfer of Property Act, 1882 is: "fifteen days' notice expiring with the end of a month of the tenancy". and the only question for decision will be whether Ext. AG dated 15. 8. 1945 amounts to a proper notice of termination or not.