GOPI NATH CHONGDAR Vs. SHAIKH ABDUL GAFUR

JUDGEMENT

(1.) This is an appeal in an action for ejectment on the ground of service of notice to quit. The tenancy was admittedly created before the passing of the Transfer of Property Act, 1882, and it is conceded before me that that Act has no operation as regards the rights of the parties.

(2.) The notice was served, I take it upon the findings, on the 30 Aswin 1308 : 16 October 1901. It required the tenants to quit after the 30 Chait 1308 : 13 April 1902. If we calculate according to the current Bengali Calendar, the notice was one to quit after the expiry of six months and after the end of the year of tenancy.

(3.) Since the decision of this Court in the case of Kishori Mohun Roy Chowdhry V/s. Nund Kumar Ghosal 24 C. 720 it has been the practice in the country to cause notices to quit to be served in the month of Aswin, the notice requiring the tenants to quit at the end of Chaitra following, as six months intervene between 30 Aswin and 30 Chait. In the present case, however, the Subordinate Judge has, in calculating the period of six months, adopted the Gregorian year, or speaking more accurately, the English Calendar.