Hon’ble Pankaj Mithal, J.—Heard Sri Om Prakash, learned counsel for the petitioner and Sri R.K. Pandey, learned counsel for the respondent.

2. Petitioner is a tenant. His tenancy is said to have been terminated vide notice dated 4.3.2005 under Section 106 of the Transfer of Property Act, 1882 (in short TP Act) whereupon the respondent landlord instituted SCC Suit No. 8 of 2005 for his eviction. The suit has been decreed by the Courts below holding that the provisions of U.P. Act No. 13 of 1972 are not applicable to the shop in dispute and that the notice was a valid notice terminating the tenancy of the petitioner.

3. The sole ground on which the writ petition has been filed is that notice determining tenancy was invalid as only 15 days notice was given whereas according to U.P. Amendment to Section 106 of the TP Act a notice of 30 days is mandatory.

4. In reply to the above Sri Pandey submits that the U.P. Amendment is of the year 1954. The Transfer of Property Act has been amended in 2002 which provides for 15 days notice for determining the month to month tenancy. Therefore, the U.P. Amendment of 1954 is of no significance and there is no corresponding State amendment.

5. Section 106 of the TP Act as it stood originally is reproduced herein below :

“106. Duration of certain leases in absence of written contract or local usage—In the absence of a contract or local law or usage to the contrary, a contractor or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months’ notice expiring with the end of a year of the tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days notice expiring with the end of a month of the tenancy.

Every notice under this section must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.”

6. It provides that a month to month lease or tenancy is terminable on part of the lessor or lessee by 15 days notice expiring at the end of the month of the tenancy. Therefore, Section 106 of the TP Act as it stood originally stipulates for 15 days notice for determining the tenancy.

7. The aforesaid Section 106 of the Transfer of Property Act in its applicability to the State of U.P. was amended by U.P. Act No. 24 of 1954 w.e.f. 30.11.1954 and it was provided that in place of 15 days notice appearing in Section 106 of the Act, the notice period of 30 days be substituted. It means that instead of 15 days notice 30 days notice is required for determining the tenancy in the State of U.P.

8. Section 106 of the Act has been amended by the Transfer of Property (Amendment Act 2002) w.e.f. 31st December 2002 and the entire provision has been redrafted as under :

“106. Duration of certain leases in absence of written contract or local usage—

(1) In the absence of a contact or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months’ notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days’ notice.

(2) Notwithstanding anything contained in any other law for the time being enforce, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.

(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the p