TMI Blog1981 (11) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... In case the lease was for a purpose of manufacture then it is manifest that under section 106 of the Transfer of Property Act the lease could be terminated only by giving six months notice. The suit was contested by the defendant-tenant. The plaintiff s case was that the tenancy was from month to month and, therefore, a month s notice to terminate the tenancy was sufficient and the provision under section 106 of the Transfer of Property Act was not attracted. The plaintiff also denied that the lease was for a manufacturing purpose. The High Court upheld the judgment of the District Judge holding that the lease was not for a manufacturing purpose and held that the tenancy was rightly terminated as the notice was valid. Mr. Gobind Ram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid on an yearly basis right from 1959 to May 31, 1961. On point of fact, therefore, we are satisfied that in the instant case the lease was from year to year and, therefore, a month s notice was not legal if the lease was for a manufacturing purpose. The second point which arises for decision is as to the purpose of the lease. This point is no longer res integra and is concluded by a clear authority of this Court in Allenburry Engineers Private Ltd. v. Ramakrishna Dalmia and Ors. where this Court has laid down that the expression manufacturing purposes in Section 106 of the Transfer of Property Act must be used in its popular and dictionary meaning as the statute has not defined the word manufacturing purposes . We might state that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... follows: To manufacture, according to its Dictionary meaning means to work up materials into forms suitable for use . The word material does not necessarily mean the original raw material for a finished article may have to go through several manufacturing processes before it is fit and made ready for the market. What is itself a manufactured commodity may constitute a material for working it up into a different product. Thus, for example for the tanner, the material would be the raw hide, but the leather itself a manufactured article would constitute the material for the shoemaker s business, and we cannot say that the shoe-makers are not manufacturers because they do not work on raw hides. In the case of J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he irresistible inference and the inescapable conclusion would be that the present lease was one for manufacturing purposes. In this view of the matter, the notice of one month must be held to be invalid and suit for ejectment should have failed on that ground. We, therefore, allow this appeal, set aside the judgment of the High Court and dismiss the plaintiff s suit. Before concluding we would like to add that with due respect, that the judgment of the High Court is not very satisfactory as it has not made any real attempt to apply its mind to the substantial question of law that was involved in the case and seems to have rushed to its conclusions even without considering the authorities on the subject particularly the one referred to i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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