1951 (8) TMI 27

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.... Lala Hemanta Kumar and Sushil Kumar Banerjee, Advs. JUDGMENT T.J.Y. Roxburgh, J. 1. This is an appeal by a tenant against a decree of the Subordinate Judge of Murshidabad affirming the decree of the Munsif of Lalbagh in a suit for eviction. 2. The circumstances are a little unusual. Apparently the plaintiffs and the defendant were each occupying the premises of the other as tenants, a....

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....e 15 days after receipt of the notice within the month of Pous, that is to say, by the 1st of Magh. The notice is in Bengali and the words "by the 1st of Magh" are interpolated between the lines of the notice as first written. There was some contention in the lover Court that these were subsequent interpolations. The argument before me is that there is no evidence as to what was the month of the t....

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....s point was ever challenged by the defendant. There is no substance in this point. 6. As regards the extraordinary suggestion that all tenancies, month to month, under Section 106 of the Transfer of Property Act must be according to the English calendar in view of the provisions of Section 33 of the General Clauses Act, some authority appears to be found for this view in the judgment of Rau J.,....

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....tice on the tenant to vacate at the end of the Bengali calendar month which was known to be the month of the tenancy. Out of a sort of extra caution whoever drafted the notice has mentioned the period of 15 days which Is required under Section 106 and the meaning there is clearly that the vacating is to take place not less than 15 days after the receipt of the notice and within the month of Pous. ....