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TMI Blog1943 (3) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be taking the first and second floor north wing rooms adjoining the main central hall in our Mills Building at Tardeo from August 1, 1941, at a monthly rent of ₹ 250 payable at the expiry of each month. 3. The only other relevant clause is Clause 9, which provides that either side will give one clear month's notice to determine the tenancy. 4. On January 29, 1942, the landlords' solicitors wrote to the tenants in the following terms : Our clients Messrs. The Raja Bahadur Motilal Bombay Mills Ltd. instruct us to state that you are in possession and occupation of a portion to wit the first and second floors and ' three corridor rooms on the north side of their premises at Tardeo as tenants under them on a monthly r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice expiring with the month of February is a bad notice, because the notice must expire on the 1st of the month, and not on the last day of the month. Reading the letter of August 1, 1941, apart from the Transfer of Property Act, it seems to me that the month referred to in Clauses 1 and 9 is an English calendar month. The arrangement had been arrived at at the end of July, and the tenancy is to start from August 1, the rent to be payable at the expiry of each month That looks to me as if it is to be a monthly tenancy from the first of the calendar month, the rent being payable at the expiration of the calendar month. And when Clause 9 says that either side will give one clear month's notice to determine the tenancy, I should say that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or monthly or weekly, has been explained in many cases, and I may refer to the judgment of Mr. Justice Salter in Queen's Club Gardens Estate, Ld. v. Bignell [1924] 1 K.B. 117 as containing a very clear ex position of the law based on old cases. He points out that a characteristic of a periodical tenancy is that as each period commences, it is not a new tenancy; it is really an accretion to the old tenancy. A monthly tenancy, that is a tenancy subject to a month's notice, creates in the first instance a tenancy for two months certain. But as soon as the third month commences, that is not a new tenancy; it turns the original tenancy into a three months' tenancy, and when the fourth month begins, the tenancy becomes a four months& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sides have relied on a decision of the Privy Council in Benoy Krishna Das v. Salsiccioni , S.C. 35 Bom. L.R. 6. But the case, to my mind, really does not help either side. In that case there was a lease for four years on June 1, 1921, and on the expiration of that lease the tenants continued in occupation, and on February 1, 1928, the tenants gave notice to terminate the tenancy, which had become a monthly tenancy, and the notice stated that it was one month's clear notice to take effect from that date, and that possession would be given up on March 1. The Privy Council held that to be a good notice. Mr. Coltman says that the Board applied the provisions of Section 110 to a monthly tenancy; but, in my opinion, they did not do that. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 41, which confirms the arrangement orally made between the parties on July 30. 12. Two points were raised in this appeal. The first is about the terms of the notice, and, whether the same amounts to a notice to quit at all. I agree with the conclusion of the learned trial Judge and with what has been stated by the learned Chief Justice in his judgment on the point, and have nothing more to add. 13. The second point is whether Section 110 of the Transfer of Property Act applies to the tenancy in question. The learned trial Judge has held that it does not. Mr. Coltman strongly relied on Section 105 for the contention that every lease must be for a term or in perpetuity; no other kind of lease is recognised by the Transfer of Property Act. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b) of Section 111, where provision is made for the determination of a lease where the time is limited by the lease. It is expressly provided that in such cases by the efflux of the time limited, the lease comes to an end. It is material to bear in mind these provisions of the Transfer of Property Act in order to fully appreciate the correct nature of a monthly tenancy. 14. The judgment of Mr. Justice Salter in Queen's Club Gardens Estates, Ld. v. Bignell [1924] 1 K.B. 117 clearly lays down the nature of these periodical tenancies. It is clear that such periodical tenancies do not come to an end by the efflux of time, for the simple reason that the time is not limited by the original lease itself. It commences with the month, and withou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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