Notice to quit and monthly tenancy: calendar month notice upheld, while Section 110 of the Transfer of Property Act did not apply.

A notice to quit was treated as an effective determination of a monthly tenancy where the tenancy letter contemplated a calendar month's notice and the notice expired with the end of the month. Section 110 of the Transfer of Property Act, 1882 was held inapplicable because it applies only where a lease term is expressed as commencing from a particular day; a monthly tenancy is a continuing periodical tenancy that endures until terminated by notice. On that construction, the statutory objection failed and the tenancy notice was upheld.

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Issues: (i) Whether the notice to quit was valid and effective, and (ii) whether Section 110 of the Transfer of Property Act, 1882 applied to a monthly tenancy.

Issue (i): Whether the notice to quit was valid and effective.

Analysis: The notice was read as an intimation that the tenancy was being determined and not as a mere statement of instructions. On the terms of the tenancy letter, the parties contemplated a monthly tenancy beginning on 1 August and a clear month's notice. That language was understood as a calendar month's notice, and a notice expiring with the end of February satisfied that requirement.

Conclusion: The notice to quit was valid and effective.

Issue (ii): Whether Section 110 of the Transfer of Property Act, 1882 applied to a monthly tenancy.

Analysis: Section 110 applies where the time limited by a lease is expressed as commencing from a particular day. A periodical tenancy is not limited by the original lease in that sense, because it continues from period to period until determined by notice. A monthly tenancy is a continuing periodical tenancy and does not fall within the scope of Section 110. The authorities relied on did not require a different result.

Conclusion: Section 110 of the Transfer of Property Act, 1882 did not apply to the monthly tenancy.

Final Conclusion: The tenancy notice stood valid, the statutory argument failed, and the appeal was liable to be rejected.

Ratio Decidendi: Section 110 of the Transfer of Property Act, 1882 applies only to a lease whose term is limited from a particular day, and not to a periodical monthly tenancy which continues until terminated by notice.

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