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of <h1>Monthly tenancy notice to quit upheld under Transfer of Property Act, 1882 - timing crucial</h1> <h3>The Utility Articles Manufacturing Company Versus The Raja Bahadur Motilal Bombay Mills Ltd.</h3> The court held that Section 110 of the Transfer of Property Act, 1882 does not apply to a monthly tenancy, and the notice to quit was deemed valid. The ... - Issues:1. Applicability of Section 110 of the Transfer of Property Act, 1882 to a monthly tenancy.2. Validity of a notice to quit in a monthly tenancy.Analysis:Issue 1: Applicability of Section 110 of the Transfer of Property Act, 1882 to a monthly tenancy:The case involved a dispute regarding whether Section 110 of the Transfer of Property Act, 1882 applies to a monthly tenancy. The appellant contended that the notice to quit must expire on the first day of the month, not the last day. Section 110 states that when the time is limited by a lease from a particular day, such day is excluded in computing time. The judgment analyzed the nature of periodical tenancies, explaining that each period is an accretion to the old tenancy. It was concluded that in a monthly tenancy, time is not limited by the lease but by the notice to quit. The court held that Section 110 does not apply to a monthly tenancy, and the notice to quit was valid.Issue 2: Validity of a notice to quit in a monthly tenancy:The second point raised was regarding the validity of the notice to quit in the monthly tenancy. The notice expiring with the month of February was challenged as not conforming to the requirement of expiring on the first day of the month. The judgment examined the terms of the agreement and the nature of a monthly tenancy. It was established that the tenancy commenced on August 1, and the rent was payable at the end of each English calendar month. The court emphasized that the notice must expire with the expiration of the period of the original tenancy. It was held that the notice to quit was valid, and the appeal was dismissed with costs.In conclusion, the judgment clarified the application of Section 110 of the Transfer of Property Act to a monthly tenancy and upheld the validity of the notice to quit in the specific case. The analysis provided a detailed explanation of the legal principles governing periodical tenancies and the interpretation of lease agreements in the context of notice requirements.
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