The main legal point established is that under Section 106 of the Transfer of Property Act, a 15-day notice is sufficient to terminate a monthly lease, and specific objections to the notice's validity should be raised at the earliest.

The present appellant is the defendant in the Title Suit No. 198 of 2000 filed by the respondents-plaintiffs for ejectment of the appellant-defendant, his men and agents from the suit house, which is admittedly belonged to the respondents-plaintiffs in the Court of Civil Judge (Junior Division No. 1 Kamrup, Guwahati. The learned trial Court by passing the judgment and decree dated 30-1-2003 had decreed the Title Suit No. 198 of 2000 in favour of the respondents-plaintiffs for ejectment of the appellant-defendant from the suit house (suit premises) and also for recovery of arrear rent of Rs. 7920.00 along with interest of 15% P.A. from the date of filing of the suit till recovery.

2. Against the judgment and decree of the trial Court i.e. Civil Judge (Junior Division) No. 1, Kamrup, Guwahati dated 30-1-2003 passed in Title Suit No. 198/2000, the appellant-defendant preferred an appeal being Title Appeal No. 16 of 2003 in the Court of Civil Judge (Senior Division) No. 2, Kamrup, Guwahati who dismissed the appeal i.e. Title Appeal No. 16 of 2003 by passing the judgment and decree dated 30-6-2004 and thereby upholding the judgment and decree of the trial Court i.e. Civil Judge (Junior Division) No. 1, Kamrup dated 30-1-2003. Hence the present second appeal which has been admitted for hearing on the following substantial question of law :-

(1) Whether, in view of Section 106 of the Transfer of Property Act, that notice to quite must expire with the end of a month of the tenancy, which depends on the date of commencement of tenancy and no such date by commencement having been specified in quit notice vide Ext. 8, the learned lower appellate Court was justified in holding that Ext. 8 was a proper notice under Section 106 of the Transfer of Property Act.

(2) Whether, in view of Section 106 of the Transfer of Property Act that a monthly tenancy is terminable by a fifteen days notice expiring with the end of a month of the tenancy and the instant notice vide Ext. 8 merely giving fifteen days time to vacate without terminating the tenancy expiring with the end of the month of the tenancy, the learned lower appellate Court was legally justified in holding that the notice of termination of tenancy was a proper and valid notice.

3. Heard Mr. B. C. Das, learned senior counsel appearing for the appellant-defendant as well as Mr. P. S. Deka, learned counsel appearing for the respondents-plaintiffs.

4. The facts in short compass are that the plaintiff No. 1 is a Hindu temple situated at Hajo within the district of Kamrup and plaintiff No. 2 is the Doloi of the temple and he is managing the affairs of the temple. Admittedly the plaintiff No. 1 is the owner of various properties including the landed property and building/houses including the suit house (the suit premises) described in the Schedule to the plaint. In the year 1984, the then Managing Committee made an agreement with the appellant-defendant for letting out the Assam type house i.e. the suit house on the monthly rent basis to the appellant-defendant for opening a tea stall for the convenience of the pilgrims of the temple. As the appellant-defendant failed to pay the rent for several months the erstwhile Managing Committee issued notice on 28-11-1985, 12-5-1986, 12-12-1987, 30-7-1989, 4-11-1990 and 8-8-1998 to the appellant-defendant demanding arrear of rent and handing over the suit house (suit premises). It is also stated that on several occasions the appellant-defendant took time to pay the rent. But he failed to pay the rent although time was granted.

5. Though the suit house was left out to the appellant-defendant only for the purpose of tea stall, the appellant-defendant started to live there with his family members by violating the terms and conditions of the agreement. Due to increasing number of devotees the temple needs more accommodation for welfare of the devotees/pilgrims and as such the Managing Committee decided to open rest house (Jira-ni-sara) cum laboratory cum L