M. M. Gupta, J.

1. THIS second appeal preferred by the defendant against whom the suit for eviction and recovery of arrears of rent has been decreed raises a question of law on which there are precedential authorities of our High Court which are conflicting.

2. IT appears that on 13th November 1962 a document of lease was executed mutually by the parties creating a lease for manufacture of soap for a period of eleven months. The rent under that lease was payable from month to month. The respondent had given one month's notice for determining the lease under Section 106 of the Transfer of Property Act. The appellant claimed that this notice was invalid as the lease was compulsorily registrable but it was not registered. It was, therefore, an invalid lease. Thirty days notice determining the lease was invalid as it was for manufacturing purpose and requires six month's notice as laid down under Section 106 of the Transfer of Property Act. The decision of the lower appellate court having gone against the appellant he has preferred this appeal.

It has to be determined in this case whether the notice given in this case was valid or not. It it not disputed that the lease which was