BENOY KRISHNA DAS Vs. SALSICCIONI

JUDGEMENT

(1.) Their Lordships do not think it necessary to call upon counsel for the respondents in this case. The appellants, who are the plaintiffs in the action, are lessors claiming that a notice given by the respondents purporting to terminate their tenancy was not a good one. The notice was given in the circumstances which will shortly be mentioned, but before stating them it may be well to refer to the sections of the Transfer of Property Act which are relevant. The first is S. 106, which is in these terms. "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 expiring with the end of a year of the tenancy; 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 15 days' notice expiring with the end of a month of the tenancy."

(2.) Section 110 is in these terms : "Where the time limited by a lease of immovable property is expressed as commencing from a particular day, in computing that time such day shall be excluded. Where no day of commencement is named, the time so limited begins from the making of the lease. Where the time so limited is a year or a number of years, in the absence of an express agreement to the contrary, the lease shall last during the whole anniversary of the day from which such time commences."

(3.) Now the facts of this case are as follows : The respondents became tenants of the appellants under a lease of certain premises dated 29-6-1921 expressed to be "from 1 June 1921 for the term of four years thence next ensuing." Then there followed this provision with regard to the payment of rent : " Yielding and paying therefor the clear monthly rent or sum of Rs. 1000 such rent to be paid on or before the seventh day of the month succeeding the month for which it is due the first payment being the rent for the month of June 1921 to be paid on or before 7 July 1921 and so on."