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1961 Supreme(Guj) 113

P.N.BHAGWATI
GULABCHAND ZAVERCHAND MEHTA – Appellant
Versus
PATEL KURJI BHAGWANJI KALARIA – Respondent


Advocates Appeared: M.U.SHAH, S.M.SHAH

P. N. BHAGWATI, J.

( 1 ) THIS Second Appeal raises a short question regarding the validity of the notice to quit given by the plaintiff to the defendant. It is an admitted fact that the tenancy of the defendant was from month to month according to the English calendar month. The plaintiff gave to the defendant a notice dated 7th October 1959 calling upon him to quit the premises which were in his possession as a tenant of the plaintiff. The material portion of the notice was when translated in the following terms:whereupon by this notice you are finally informed:- On receipt of this notice on 30-11-59 (being) the end of the month of your tenancy or if you want to consider (the month of tenancy) according to your rent note then (in) the month expiring on 15-11-1959 or on that day on which you consider the month of tenancy ends you will vacate the aforesaid premises which you hold as my clients tenant and hand over its possession to my client.

( 2 ) THE defendant failed to hand over possession of the premises to the plaintiff and the plaintiff therefore filed a suit against the defendant on 8 April 1960 to-recover possession of the premises from the defendant. The ground on which poss





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