Kindly answer for my below question,
As per the lease agreement, lease period was expired on 30-11-2008. Plaintiff sent a letter dated on 15/11/2008 informing that the lease period come to an end. Also I have received an advocate notice dated 10/12/2008 , mentioning agreement of lease comes to an end as on 30/11/2008, and you were required to vacate the premises and hand over keys of the premises on 1/12/2008 to my client and filed the ejectment suit under transfer of property act 106 against me.
NOTE : Also note that in the legal notice dated 10/12/2008, mentioning hand over the premises on 1/12/2008. Please note the contradiction of dates.
Transfer of property act - Second edition 2009 says about sec 106 as follows :
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 from, 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 day's 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 be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or processing 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 or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.
COMMENTS
If any person claims to the contrary that the lease was for a fixed term or to be a yearly lease insted of a lease from month to month he has to prove by legal, valid and reliable evidence. Therefore the burden lay upon the defendant to prove his contrary claim that lease was for a fixed term of 5 years and the leasw would be entered at the option and wish of the lessee; Punjab National Bank v Ganga Narain kapur, AIR 1994 AII 221.
1. Subs. by Act 3 of 2003, sec 2, for section 106 (w.e.f. 31-12-2002). Section 106, before substitution, stood as under :
"
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 immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to from, 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 day's notice expiring with the end of a month of the tenancy.
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 or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property."
Please explain me about , by 15 fifteen days notice expiring with the end of month of tenancy. If it is before expiry of lease period, notice should be sent on 14/11/2008 insted of 15/11/2008..so one day later. At the same time advocate legal notice was dated on 10/12/2008.It seems that both the letters are invalid. Please suggest your opinion and about the case.
Whether the case is maintable or not? As a defendant in this case seeking help from you
