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TMI Blog1985 (4) TMI 338X X X X Extracts X X X X X X X X Extracts X X X X ..... e deceased addressed a notice dated 5th October 1976 to the Petitioner calling upon her to pay all arrears of rent then due and terminated her tenancy at the end of November 1976. The notice was served on the petitioner on 7th October 1976. The petitioner paid all arrears of rent up to the end of October 1976 on 11th November 1976 vide the receipt of even date. The landord filed suit on 1st December 1976 for decree of eviction against the petitioner under S. 12(3)(a) of the Bombay Rent Act on the ground that the petitioner was in arrears of rent for more than six months and that she neglected to make payment thereof until expiration of the period of one month after receipt of the notice. The suit came to be decreed as mentioned above and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... defines the word "month" to mean a month reckoned according to the British calendar. 4. New Webster's Dictionary defines the word "month"as follows: "month, munth n. (O.E.minath = C mount = icel = Goth menothi, month). The period called a 'lunar month,' of a complete revolution of the moon with regard to some point, usu. The interval from one new moon to the next, called a 'synodical month' and equivalent to 29 days, 12 hours, 44 minutes and 2.7 seconds; the 12th part of a solar year called a 'solar month'; any one of the 12 parts, as January, February and so on, into which the calendar year is divided called a 'calender month'; the time from any day of the calender month to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceived by the tenant on 7th October and admittedly the petitoner did not pay the amount before the expiry of 7th November 1976. 6. There is also no difficulty in accepting the submission of Shri Tipnis that the phrase "Expiration of one month next after the notice" appearing in S. 12(2) of the Bombay Rent Act and the phrase "expiration of period of one month after the notice" appearing in S. 12(3)(a) connote the same period of one month after the receipt of the notice by the tenant. Obviously, if a tenant cannot be evicted, if he makes payment before the expiration of the period of one month after notice, no suit can also be filed for that purpose unitl expiration of the said period. It is ,however, difficult to accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Factories Act, which provided that no Court shall take cognizance of any offence punishable under the said Act unless a complaint thereof is made within three months from the date on which the alleged offence is brought to the Knowledge of an Inspector. In that case the Inspector visited the factory on 29-9-66 and the complaint was lodged on 29-11-66. It was contended that the word "month" means a month of 30 days and therefore a complaint should be filed within 90 days of knowledge. This contention was repelled and it was held that the prosecution was within time. Of course in that case it was not contended as is done in the present case that the month in which the notice is received or an event occurs is to be excluded and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is equivalent to 30 days. the learned Judge of the Division Bench of the he Patna High Court observed as follows :- "The 31st March 1965 on which date the notice was served, has to be excluded. The full period of two months must intervence between this day and the day on which the plaint is filed. There is no warrant for the proposition that the period of two months should mean 60 days. This period may, at time, be 61 days, or 60 days or 59 days depending on the season is which the notice is served. The calculation of the period has to be made monthwise." 12. It will not be out of place, if a mention is made of the provision contained in S. 23 of the Negotiable Instruments Act about calculating maturity of bill or note payabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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