Prakash Ramaji Lende vs United Church Of Northern India ...
2003 Latest Caselaw 1111 Bom

JUDGMENT

S.A. Bobde, J.

1. Heard Shri N. S. Talmale, the learned counsel for the appellant.

2. This second appeal is filed by the defendant, who has been ordered to be evicted by a decree of lower Appellate Court. The only point raised on behalf of the appellant is that the notice under Section 106 of Transfer of Property Act, which was to take effect from 28-2-1992 is not legal since it was not intended to take effect at the end of month of the tenancy. According to learned counsel, notice would have been valid only if it was intended to take effect at the end of the month i.e. on 29-2-1992, since the month of February in the year 1992 ended on 29th. This contention is no longer tenable in view of Section 106 of Transfer of Property Act, 1882 as amended by Act 2002. Prior to this Amendment, the Section 106 read as follows :--

"106. Duration of certain leases in absence of written contract or local usage. -- 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 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 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, and 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."

3. Subsequent to its amendment, the bracketed portion has been deleted and Section 106, Sub-section (1) now read as follows :--

"106. Duration of certain leases in absence of written contract or local usage. -- (1) 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; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on fifteen days' notice."

4. Moreover, the Transfer of Property (Amendment) Act, 2002 has made it clear that the amended provisions shall apply to the notices already issued even prior to the amendment by enacting Section 3, which reads as follows :--

"3. Transitory provision. -- The provisions of section 106 of the Principal Act, as amended by Section 2, shall apply to -

 (a)     all notices in pursuance of which any suit or proceeding is pending at the commencement of this Act; and

 

 (b)     all notices which have been issued before the commencement of this Act but where no suit or proceeding has been filed before such commencement."  
 

It is therefore, clear that as a result of the amendment, the requirement of notice must terminate the tenancy at the end of the month of the tenancy is no longer necessary.
 

5. There is no merit in the second appeal, which is hereby dismissed.