( 1 ) THE only question that arises for consideration in this second appeal is whether the notice to quit (Ex. P-6) served by the plaintiffs-landlords on the defendant-tenant on 1-7-1960 under Section 106 of the Transfer of Property Act, calling upon him to vacate the suit premises on 31-7-1960, in respect of a monthly tenancy commencing on the 1st--an English Calendar month--was an invalid notice, as it did not expire with the end of the month of the tenancy.

( 2 ) UNDER Section 106 of the Transfer of Property Act, so far as is relevant for our purpose, in the absence of a contract or local law or usage to the contrary, a lease of immovable property from month to month is "terminable, on the part of either lessor or lessee, by fifteen days' notice 'expiring with the end of a month of the tenancy'". (Underlining (here into ' ') is mine ). The Judicial Committee of the Privy Council in Harihar Banerji v. Ramshashi Roy, ilr 46 Cal 458 at p. 472: (AIR 1918 PC 102 at p. 107), has pointed out that the principles applying to the case were similar to those which were applicable in england and that notices to quit "are to be construed not with a desire to find faults in them