SMT. TANUSREE MUKHERJEE Vs. SMT. MITALI CHINARA

JUDGEMENT

(1.) Mr. Pal, learned counsel for the appellant submits that even though, on instruction, he submitted on 27.07.2011 that granted six months time, the appellant will vacate the suit premises, but now he submits that as there is another substantial question of law involved in the Second Appeal, the matter should be heard on merit.

(2.) The substantial question of law, according to Mr. Pal, which arises for determination in this Second Appeal is that notice under Section 106 of the Transfer of Property Act having not been issued in accordance with the said Section 106 before the same was amended, the notice should be held to be invalid and inoperative in law and on that ground, the suit should have been held to be not maintainable.

(3.) Mr. Pal further submits that the amended Section 106 of the T.P. Act will not be applicable to a case where the tenancy commences much prior to such amendment. Section 106 after being amended by the T.P. (Amended) Act, 2002 with effect from 31.12.2002 reads as follows "106. Duration of certain leases in absence of written contract or local usage.- (1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or 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; and a lease of immovable property 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. (2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in Sub-section (1) shall commence from the date of receipt of notice. (3) A notice under Sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that Sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that Sub-section. (4) Every notice under Sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property."