CHANDRANATH MUKHERJEE vs TUSHARIKA DEBI AND OTHERS

The Supreme Court ruled that the six-month notice requirement under Section 5 of the Bengal Tenancy Act, 1885, is directory rather than mandatory. Consequently, failure to provide notice does not permanently bar a tenure-holder from recovering arrears of rent, but merely postpones the remedy until compliance with the notice requirement. The Court upheld the lower courts' findings that the landlord had accepted rent and granted receipts, indicating that mutation in the rent-roll had occurred, thus validating the durpatnidars' claim for arrears.