Law: Transfer of Property Act, 1882

Section: 106

Transfer of Property Act (1V of 1882), S. 106-Notice­Period fixed by terms of lease-Notice not expiring with the lease -Held, valid. Section 106, Transfer of Property Act applies "in the absence of a contract to the contrary". Where parties had agreed on one month's notice before ejectment, the agreement amounted to a "contract to the contrary" and the requirement of section 106 that the notice should expire with the lease had no application. The lease in this case expired on the last day of the month. One month's notice given on 3rd August 1954, and received by the tenant on 8th August 1954, the resulting suit having been instituted on 13th November 1954, was held in order, not only because it did not contravene section 106, but also because the suit had been instituted more than 3 months after notice, ruling out any possibility of prejudice on the score of the notice not having expired on the last day of the month of tenancy. Karam Chand v. Amar Nath Mohsan A I R 1933 Lah. 377 and Kaka v. Ram Saran A I R 1926 Lah. 129 ref. Chuni Lal v. Chuni Lal A I R 1923 Lah. 659 dissented from. JUDGMENT YAQUB ALI, J.---On the 1st of July 1951. Maulvi Faiz Bakhsh defendant-appellant obtained a lease of a vacant site situated in the city of Multan from Sayyed Shadi Shah plaintiff-respondent for a period of one year. On the expiry of the period of lease the defendant continued in possession of the site as a tenant from month to month on the terms embodied in the original agreement, which inter alia provided that the plaintiff would be entitled to eject the defendant on issue of one month's notice. Such a notice was issued by the plaintiff on the 3rd of August 1954, and received by the defendant on the 8th of August 1954. This was followed by a suit instituted by the plaintiff on the 13th of November 1954, for the ejectment of the defendant, out of which this second appeal has arisen. The main contention raised by the defendant at the trial was that the notice issued to him prior to the institution of the suit was invalid, because it did not terminate with the last day of the month of tenancy as required by section 106 of the Transfer of Property Act. Both the Courts below…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492