(SIC)CHOTTALAL OTHAMCHAND Vs. ARAKKA(SIC)MBIL PADMANABHA SHENOI

JUDGEMENT

(1.) THIS is an appeal by the Plaintiff in O.S. No. 16 of 1121 of the District Court of Anjikaimal. He is the owner of an item of property in Mattancherry and the Defendant is his lessee. The lower court has held that there has been no proper notice of termination and negatived the Plaintiff's prayer for recovery of possession.

(2.) WE propose to assume, without deciding, that the Plaintiff is right when he says that the tenancy concerned is a tenancy from month to month commencing on the first of each month reckoned according to the English Calendar. On that basis the notice required under Section 106, Transfer of Property Act, 1882, is:

(3.) IT follows that Ext. AG does not amount to fifteen days' notice "expiring with the end of a month of the tenancy" - which for August 1945 will be at midnight on 31 -8 -1945 - and that this appeal must fail. We dismiss the appeal but in the circumstances of the case, however, without any order as to costs.