JUDGMENT :- This is a tenant's appeal in which the judgment of the lower appellate Court has been assailed mainly on the ground that the notice under Section 106 of the Transfer of Property Act was invalid so far as the notice did not allow the period of thirty days to the defendant mentioned in the section.

2. There is no dispute that the notice is dated 31-1-1967. There is also no dispute that this notice was received by the defendant on 7-2-1967. There is a mention in this notice Ext. 4 that the tenancy is being terminated with effect from 8th of March, 1967 and the tenant was directed to vacate the premises on 9th of March. There is also no controversy that if 7th February, 1967, the date on which the notice was received by the tenant, and 8th March, 1967, the date on which the tenancy was terminated, are included within the period of thirty days, then the notice was well within law as the period of thirty days was allowed, but if these two days or any of these days is excluded, then the time will fall short of the statutory period mentioned under Section 106 of the Transfer of Property Act and the notice will be certainly invalid.

3. It has, therefore, to be seen as to whether t

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