Judgment

BHAGWATI, J.:- This appeal by special leave raises a short question relating to the validity of a notice to quit given by the appellant terminating the tenancy of the respondents. The appellant, as landlord, filed a suit for eviction against the respondents as tenants, after giving a notice to quit dated 25th September, 1962. The trial Court dismissed the suit but on appeal, the First Appellate Court reversed the judgment of the trial Court and passed a decree of eviction against the respondents. The respondents preferred a second appeal to the High Court and the only question debated before the High Court was in regard to the validity of the notice to quit. There were two grounds on which the notice to quit was assailed as invalid. The first is immaterial since the decision of the High Court negativing it has not been challenged before us on behalf of the respondents. The second was that the notice to quit was invalid as it was not in conformity with the requirements of Section 106 of the Transfer of Property Act. That section says that in the absence of a contract or local law or usage to the contrary, a lease from month to month shall be terminable "on the part of either