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3. The primary contention of Mr. Turana, learned counsel for the appellant, is that quit notice issued under Sec. 106 read with Sec. III(h) of the T.P. Act is invalid. By issue of quit notice no right had accrued to the respondent. Termination of tenancy became operative only on expiry of one month given thereunder, i.e. February 28, 1975, by which date the State Act became inoperative as from February 1, 1975 the Central Act came into force. The respondent under the Central Act acquired, by statutory operation, the immov- able property including the demised one in Frere Land Estate and thereby became a new landlord. Termination of tenancy is an act inter vivos by operation of Sec. 106 read with Sec. III(h) of T.P. Act. Under Sec. 109 thereof, the respondent, not being a living person, is not entitled to the benefit of the quit notice as its operation is not saved by Sec. 2(d) and Sec. 5 thereof. The suit, thereby, is not maintainable admittedly no quit notice determining the tenancy was issued after February 1, 1975. The edifice of the argument was built up on shifting sand and when it was subjected to close scrutiny it crumbled down traceless. Let us first deal with the arguments on the foot of the provisions of T.P. Act. Section 2(d) of the Transfer of Property Act, 1882 provides saving of the previous operation of law. It states that:

In Mulla's commentary on the Transfer of Property Act, 6th Edition, at page 676 it is also stated thus:

"Notice enures for the benefit of the successor in title of the lessor or lessee giving it."

In Chitaley's Transfer Property Act, 4th Edn., 1969:, Vol. III, Note 35, it is stated thus:

"Where the lessor gives notice to quit and then assigns his interest to another the assignee can take advantage of the notice."

In N.P.K. Raman Menon v. Collector of Malabar, AIR ,1924 Madras 908 a Division Bench of the Madras High Court held that:, "English cases recognise that the person who is the landlord and entitled to possession, on the date of the notice to quit, is the proper person to give the notice and :that an assignee within the currency of that notice can take advan- tage of the notice sent by his assignor and rely upon it, when he brings a suit for recovering possession.,,

7. No doubt Mr, Tunara placed strong reliance on the decision of Trimbak Damodhar Raipurkar v. Assaram Hiraman Patil &Ors., [1962] Suppl. 1 SCR 700. The facts therein are that in 1943 a lease on agricultural land for five years was created- Before the expiry thereof Bombay Tenancy Act, 1939 was made applicable to the area where the land was situated and under Sec. 23(1)(b) of that Act the period of lease was statutorily extended to ten years-During the subsistence of the contractual tenancy it was statutorily extended and the Bombay Act 67 of 1948 came into force. In March 1952 notice was given to the tenant that the tenancy expired on March 31, 1953 and called upon the tenant to deliver possession. In the meanwhile the Bombay Act 33 of 1952 came into force. Its effect was that the lease automatically stood extended for ten years from time to time, unless terminated by giving one year's notice averting that the land was required bona fide by the landlord for personal cultivation and that income would be the main source of income of the landlord. It was contended that since 1952 Amending Act was not retrospec- tive, the technical requirement of notice to quit do not apply. The question was whether the landlord was entitled to eject the tenant without complying with the statutory re- quirement. In that context it was held by the Constitution Bench that by operation of the statutory provisions the period of lease of 10 years from time to time was automati- cally extended unless the tenancy was validly terminated by giving a notice of one year or surrender was made by the tenant as specified in the statute. The ratio therein has little application to the facts of this case. In Hitkarini Sabha v. The Corporation of City of Jabalpur & Anr., [1973] 1 SCR 493 the lease was granted by the Administrator without authority under the Statute. Therefore, the lease was held to be void. The notice as required under T.P. Act was held to be mandatory, but was not done. Therefore the lease was subsisting and thereby as his land was acquired the tenant was entitled to compensation pro rata under Section 11 of the Land Acquisition Act. We are at a loss to understand, how the ratio thereunder will be of any assistance to the appellant. In Lower v. Sorreli, [ 1963] 1 Queen's Bench Division 959 the question therein was whether the notice to quit was a valid notice. Admittedly, second notice was given before the expiry of the first notice. It was held that when such notice were issued withdrawing the first notice by issuance of the second notice, a new tenancy has been creat- ed for the tenant to remain in possession until the expiry of the later notice on September 29, 1961, to which the tenancy sections 2(1) and 23(1) of the Agricultural Holdings Act, 1948 would apply. Accordingly it was held by the Court of Appeal that there was no valid notice to quit. The ratio therein also is of no avail to the appellant. No doubt in Gurumurthappa v. Chickmunisamappa, AIR 1953 Mysore 62 a Division Bench of Mysore High Court held that the successor in interest is not entitled to avail the notice to quit given by the original landlord. In the light of the above discussion this view is not good law.

"In any (Central Act) or Regulation made after the commence- ment of this Act, it shall be sufficient for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions of an office, or that of the officer by whom the functions are commonly executed."

Section 17 of the General Clauses Act substitutes the func- tionaries under the Central Act to those of the function- aries under the State Act. Section 6 gives effect to the previous operation of anything done or subsists the right acquired or privilege accrued under the Repealed Act and the legal proceedings of remedy may be instituted, continued or enforced as if the repealing Act had not been passed. There- fore, the operation, efficacy and effectiveness of the quit notice issued by the power of attorney Agent of the respond- ent i.e. the Asstt. Estate Manager has been acquired by the respondent Board. The rights and remedy accrued to the respondent under the State Act namely termination of tenancy by issue of quit notice under Sec. 106 and 111(h) of T.P. Act and on expiry of thirty days i.e. on February 28, 1975 the respondent Board became entitled to institute the proceedings in the suits to have the tenants ejected under Sec. 41 of the Provincial Small Cause Courts Act.