GHULAM MOHAMMAD Vs. LAKSHMIBUX

JUDGEMENT

(1.) This is a second appeal by the defts. against the judgment & decree of the Disk Judge of Jaipur, dated 22-10-1948, upholding the decree of the Munsif West, Jaipur city, dated 19-7-48, for their ejectment from the pltfs. shop & for payment of Rs. 144 as rent to the reap.

(2.) On 27-7-1950 the applts. advocate had raised two grounds in appeal. His first contention was that there was a subsequent agreement for enhanced rent between the parties & therefore, the previous agreement on which the pltf had based his suit was not enforcible. This objection is untenable, because both the Cts. have recorded a concurrent finding that the subsequent agreement alleged by the applts. was not proved. This is a finding of fact & a second appeal thereon does not lie.

(3.) The next argument pressed by the applt's. counsel was that the notice given by the resp. was invalid since it did not comply with the requirements of Section 106, Transfer of Property Act, It was argued that the notice was not for 15 days & did not terminate with the month of the tenancy. From the perusal of the notice ex. 3 dated 19-7-1946 it certainly appears that it was given for one month & the period was to begin from 1-8-1946 but the rent deed ex. p. 4 shows that there was an agreement between the parties for one month's notice & this is why Ex. 3 was given in accordance with it. Section 106, T. P. Act, runs as follows: "In the absence of a contract or local law or usage to the contrary, a lease of immoveable 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 expiring with the end of a year of the tenancy, & a lease of immoveable 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 expiring with the end of a month of the tenancy. Every notice under this section must be in writing signed by or on behalf of the person giving it, & 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."