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Gopi Nath Chongdar Vs. Shaikh Abdul Gafur and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in30Ind.Cas.886
AppellantGopi Nath Chongdar
RespondentShaikh Abdul Gafur and ors.
Cases ReferredKishori Mohun Roy Chowdhry v. Nwnd Kumar Ghosal
Excerpt:
landlord and tenant - lease before transfer of property act (iv of 1882)--notice to quit--time to be calculated according to bengali calendar. - .....calendar, the notice was one to quit after the expiry of six months and after the end of the year of tenancy.3. since the decision of this court in the case of kishori mohun roy chowdhry v. nund kumar ghosal 24 c. 720 it has been the practice in the country to cause notices to quit to be served in the month of aswin, the notice requiring the tenants to quit at the end of chaitra following, as six months intervene between 30th aswin and 30th chait. in the present case, however, the subordinate judge has, in calculating the period of six months, adopted the gregorian year, or speaking more accurately, the english calendar.4. there is no statute, act or regulation with reference to notices to quit in cases of tenancy created before the passing of the transfer of property act. the.....
Judgment:

Mitra, J.

1. This is an appeal in an action for ejectment on the ground of service of notice to quit. The tenancy was admittedly created before the passing of the Transfer of Property Act, 1882, and it is conceded before me that that Act has no operation as regards the rights of the parties.

2. The notice was served, I take it upon the findings, on the 30th Aswin 1308 : 16th October 1901. It required the tenants to quit after the 30th Chait 1308 : 13th April 1902. If we calculate according to the current Bengali Calendar, the notice was one to quit after the expiry of six months and after the end of the year of tenancy.

3. Since the decision of this Court in the case of Kishori Mohun Roy Chowdhry v. Nund Kumar Ghosal 24 C. 720 it has been the practice in the country to cause notices to quit to be served in the month of Aswin, the notice requiring the tenants to quit at the end of Chaitra following, as six months intervene between 30th Aswin and 30th Chait. In the present case, however, the Subordinate Judge has, in calculating the period of six months, adopted the Gregorian year, or speaking more accurately, the English Calendar.

4. There is no Statute, Act or Regulation with reference to notices to quit in cases of tenancy created before the passing of the Transfer of Property Act. The General Clauses Acts of 1868 and 1887 and J 897 (Imperial Council) do not touch the question before me, as the terms month' and year' as there defined relate to words used in Statutes or Acts. The decision in Kishori Mohun Roy Chowdhry v. Nwnd Kumar Ghosal 24 C. 720 does not lay down any positive rule of law. It merely indicates what equity and good conscience would dictate. Under such circumstances, I think, the lower Appellate Court is wrong in making the calculation of sixth months according to the English Calendar. The six months should according to the practice in this country be calculated according to the Bengali Calendar with which the people are familiar. There is nothing inequitable or unjust in the calculation of months according to the Bengali Calendar. The decision of the lower Appellate Court should, therefore, be reversed and the case remitted to that Court for consideration of the other points raised. The appellant will be entitled to his costs of this appeal. The other costs will be dealt with by the lower Appellate Court.


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