I have filed a suit for vacation of my rented property. The tenant has challenged the validity of the notice I served on him under Section 106 of the Transfer of Property Act. What is the legal requirement for issue of such a notice?
What Section 106 requires is that a lease from month to month is terminable on the part of either the lessor or the lessee by 15 days' notice expiring with the end of a month of the tenancy. A legal termination of the monthly tenancy thus requires two conditions to be fulfilled, viz., that there must be a notice terminating the tenancy giving 15 days' notice and it must expire with the end of the tenancy month. A notice giving mere 15 days' notice by itself will not answer the requirement of Section 106 but it must also indicate that the 15 days' period must expire with the end of the tenancy month.