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Secretary Of State vs Babu Beni Prasad Sahu on 1 March, 1937 cites

Beni Ram And Anr. vs Kundan Lal And Ors. on 11 March, 1899

There is no case here of the land having been held at a rent which was not varied and the mere fact that buildings have been erected on the land with the knowledge of the landlord is not in itself sufficient to raise that presumption: see Beni Ram v. Kundan Lal 21 A 496 : 26 IA 58 AWN 1906, 245 : 3 CWN 502 : 1 BLR 400 : 7 Sar. 523 (PC)--a decision already quoted. The question therefore arises whether the notice served on the defendant on September LI, 1928, calling upon him to give up possession on March 21, 1929, was valid. At common law, applied as the rule of justice, equity and good conscience, the tenancy was from year to year which is to be inferred from the reservation of a yearly rent in the absence of other facts and would require six months notice expiring on the anniversary of the commencement of the tenancy. There is no dispute as regards the date upon which the tenancy commenced as there is no evidence on that point. And, as no question is raised on this point, we must assume that a notice expiring on March 31, which was the end of the financial year was valid at any rate so far as its expiration is concerned, and as from the judgment of the Court below it would appear that the notice on the defendant on September 11, 1928, would give the defendant fully six months, the notice would be valid.
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