SUBADINI Vs. DURGA CHARAN LAW

JUDGEMENT

(1.) This is an appeal from a decision of the Subordinate Judge of Jessore, dated the 2nd of June 1898.

(2.) The suit is one for ejectment of a tenant, or rather the transferees of a former tenant, who has abandoned the land, and is no longer in possession of it.

(3.) The Subordinate Judge has dismissed the suit, holding that notice to quit has not been served upon the defendants Nos. 1 to 3, and further that the notice that was served upon the defendants was not properly served under the provisions of Section 106 of the Transfer of Property Act. He has also held that the notice was insufficient, as the plaintiff did not give the defendants 15 clear days notice to quit. It is to be observed that the Subordinate Judge has found that the defendant's tenancy is one of a monthly nature and that it can be put an end to by 15 days notice. There is no cross-appeal against this finding.