By the amendment Act 3 of 2002, Section 106 has been amended w.e.f. 31.12.2002 by which now Section 106 contains four sub-sections and the period of notice is now 15 days where the lease is for any other purpose other than the agricultural and manufacturing, if the tenancy is month to month but where the tenancy is from year to year, the period of notice would be 6 months as it was prior to the amendment. Since in this case the notice was given before amendment on 11.8.2002, therefore, in this case the notice should have been given prior to 30 days. Amended sub-section 3 of the aforesaid Section is important. According to which notice shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that subsection. In this case the notice was given on 11.8.2002, the notice was sent through registered post within the city hence it would have been received by the defendant-tenant within three or four days. Though the receipt/acknowledgment is not on record to conclude that when and on which date the defendant-tenant had received notice but he admits that he had prepared reply of the notice on 4.9.2002 and had sent the same to the plaintiffs through his counsel on 5.9.2002. If days are calculated, it comes out that even from 4.9.2002, the suit was instituted after 30 days i.e. 29.10.2002. Thus, it can not be said that 30 days period was not provided to
