Valid notice to quit under tenancy law upheld where the notice clearly required vacation within the tenancy month.

A notice to quit under Section 106 of the Transfer of Property Act was held valid where the tenancy was a monthly tenancy linked to the Bengali calendar month. Read as a whole, the notice showed an intention to require the tenant to vacate at the end of the tenancy month, and the reference to fifteen days after service did not invalidate it because the tenant was given at least fifteen days and asked to leave within the month of Pous. The argument that all monthly tenancies must follow the English calendar by virtue of Section 33 of the General Clauses Act was rejected, and the decree for eviction was upheld.

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Issues: Whether the notice to quit under Section 106 of the Transfer of Property Act was valid and effective to terminate the monthly tenancy.

Analysis: The tenancy was treated as a monthly tenancy tied to the Bengali calendar month, and the notice, read as a whole, showed an intention to require vacating at the end of that tenancy month. The reference to fifteen days after service did not invalidate the notice, because the substantive meaning was that the tenant should vacate not less than fifteen days after receipt and within the month of Pous. The contention that all monthly tenancies under Section 106 must follow the English calendar by reason of Section 33 of the General Clauses Act was rejected.

Conclusion: The notice was held to be valid and sufficient, and the decree for eviction was upheld.

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