PRANESH CHANDRA GUPTA Vs. PANCHANANI DEVI

JUDGEMENT

(1.) This is an application for a certificate for leave to appeal to the Supreme Court under Article 133(1)(b) of the Constitution.

(2.) The judgment of this Court from which the appeal is proposed to be taken to the Supreme Court, was a judgment of affirmance. The test, however, of valuation in the instant case, which arose out of a suit for ejectment from a property, which bore a monthly rental of Rs. 150 per month and which, according to the affidavit of the Petitioner, was valued at much above Rs. 20,000, would be prima facie satisfied under Clause (1)(b) of Article 133 of the Constitution, as it may well be said that the decision in such a case would indirectly affect property of that value.

(3.) That, however, by itself, would not be sufficient for the Petitioner, as the instant case being a case of a judgment of affirmance, it would be necessary for him to establish further that it involves a substantial question of law. For that purpose, our attention has been drawn by Mr. Mitter, counsel for the Petitioner, to one aspect of the matter, namely, that the dispute between the parties concerned the question of validity of the notice to quit and raised the point whether the said notice, in the instant case, which asked the tenant Petitioner to quit and vacate the disputed property "by the last day of September, 1958" would be a good notice according to law, expiring with the month of the tenancy which, admittedly, was according to English Calendar months. The whole question, therefore, is whether the word 'by' in the above expression would include the last day of September, mentioned therein.