- (1.) Whether a lease of a premises for carrying on the business of retreading of tyres is a lease for "manufacturing purposes" within the contemplation of Section 106, Transfer of Property Act, is the only question that falls for consideration in this appeal by special leave directed against a judgment, dated December 11, 1968, of the High Court of Allahabad. The question arises in these circumstances : The plaintiff-respondent let out the accommodation in dispute at a rent of Rs.650/- per annum to the defendant who was doing the business of retreading of tyres in the said premises. The defendant defaulted in payment of rent. The plaintiff, therefore sent one month's notice to the defendant terminating his tenancy. Thereafter, the plaintiff instituted a suit for recovery of arrears of rent and ejectment against the defendant.
(2.) The suit was resisted, inter alia, on the ground that the premises in dispute had been let out to him for manufacturing purposes and in view of Section 106, Transfer of Property Act, therefore, the lease could be terminated by the landlady only by six months' notice expiring with the end of the year of tenancy and since the plaintiff had served only 30 days' notice, the same was invalid and ineffective to terminate the tenancy.
(3.) The trial Court and the First Appellate Court concurrently decreed the suit for arrears of rent as well as for ejectment.;