ASMAN ALI LASKAR Vs. FORJAN ALI BARBHUIYA

JUDGEMENT

(1.) This second appeal is by the defendant.

(2.) Plaintiff filed the suit for recovery of arrears of rent and for eviction of the tenant from the suit house. The suit house is situated outside the urban area and as such the tenancy is governed by the Transfer of Property Act. The learned trial Court decreed the suit only for arrears of rent, but rejected the prayer for ejectment of the defendant. The prayer for ejectment was rejected only on the ground that no valid notice as required under S.106 of the Transfer of Property Act was served. Learned lower appellate Court held that notice to quit was valid and legal and accordingly decreed the suit in full. Hence, the second appeal.

(3.) The learned trial Court considering the question of notice while taking up issues Nos. 4 and 5. The tenancy was according to Bengali Calendar month and the notice was in English. Both the Courts below held that notice was issued by registered post on 28-10-75 and it was received by the defendant on 31-10-1975. In the notice tenancy was terminated on the last day of the month of Kartik, 1382 B. S. According to learned trial Court notice was vague as the corresponding English date of the last day of Kartik was not given and it could not be ascertained whether 15 days' time was allowed. The Learned lower appellate Court after considering the calendar held that English date for the last day of Kartik, 1382 B.S. was 21-11-1975 and accordingly held that notice was valid.