SHIV NARAIN Vs. CHANDRIKA PRASAD

JUDGEMENT

(1.) THIS is a tenant's appeal in which the judgment of the lower appellate Court has been assailed mainly on the ground that the notice under Section 106 of the Transfer of Property Act was invalid so far as the notice did not allow the period of thirty days to the defendant mentioned in the section.

(2.) THERE is no dispute that the notice Is dated 31-1-1967. There is also no dispute that this notice was received by the defendant on 7-2-1967. There Is a mention in this notice Ext. 4 that the tenancy is 'being terminated with effect from 8th of March, 1967 and the tenant was directed to vacate the premises on 9th of March. There is also no contro versy that if 7th February. 1967, the date on which the notice was received toy the tenant and 8th March. 1967, the date on which the tenancy was terminat ed are included within the period of thirty days, then the notice was well within law as the period of thirty days was allowed, but if these two days or any of these days is excluded, then the time will fall short of the statutory period mentioned under Section 106 of the Transfer of Property Act and the notice will be certainly invalid.

(3.) THE learned counsel for the appellant contended that Sections 9 and 10 of the General Clauses Act would not apply to the facts of the case because the statute i. e. Section 106 of the Trans fer of Property Act is in itself quite clear and the question of application of the above two sections of the General Clauses Act does not arise. Section 9 of the General Clauses Act says that If the period commences from a particular date and ends on a particular date, then the date from which it begins and the date to which it ends shall be excluded. At this stage, it will be necessary to refer to the wordings of Section 106 of the Transfer of Property Act which reads as below: "In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agri cultural and manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immovable pro perty for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy".