Please reply

If tenent refused to vacate the property  after the lease period is over, issue notice to vacate the property, if tenent failed then file a suit for possession.

Prior to lease period is over you can issue notice to hand over the vacant possession within ___days after the lease period is over.

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The Transfer of Property Act, 1882

Section 106

Duration of certain leases in absence of written contract or local usage:

In the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immoveable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy.

Every notice under this section must be in writing, signed by or on behalf of the person giving it, and 1[either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party], or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.

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Requirement under Section–106 is that a lease from month to month is terminable on the part of either the lessor or the lessee by 15 days' notice expiring with the end of a month of the tenancy.

 A legal termination of the monthly tenancy thus requires two conditions to be fulfilled:

 Ø  there must be a notice terminating the tenancy giving 15 day's notice; and

Ø  it must be expire with the end of the tenancy month.

A notice giving mere 15 days' time by itself will not answer the requirement of Section–106, but it must also indicate that the 15 days' period must expire with the end of the tenancy month.

Nice Mr Ahamad for details, I will further add that ejecment has to be based on better needs of landlord  not other wise and it has be proved in court by evidence.

Dear Mr. Habib,

You can defend the eviction proceeding by taking the ground of “Invalid Notice” in defense because it was issued after the expiration of Lease period without maintaining the 15 days provision as stated in the Section – 106; but, later in the year 2002 this section amended. Kindly go through the complete section 106 as below:  

106. Duration of certain leases in absence of written contract or local usage:

(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months notice and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.

(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in Sub-section (1) shall commence from the date of receipt of notice.

(3)  A notice under Sub-section (1) shall not deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.

(4)  Every notice under Sub-section (1) must be in writing signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family members or servants at his residence, or (if such tender or delivery is not practicable, affix to a conspicuous part of the property).

 What about your written statement, whether you have raised this question of “Invalidity of Notice” in the WS. Because as per the Apex Court Judgment,  held in Parwati Bai v. Radhika held that the defendant has to raise the specific objection as to the validity of the notice in the written statement In absence of such specific objection and at the earliest, it will be deemed to have been waived even if there exists one.

 For your guidance kindly read the following judgments;