ACHUTHAN PILLAI Vs. CHELLATHANGAM

JUDGEMENT

(1.) DEFENDANTS in O.S. 134 of 1995 on the file of Additional District Munsiff's Court, Kranial are the appellants.

(2.) SUIT was laid by plaintiff for eviction of defendants alleging that they are the tenants under him and the tenancy is on the basis of English calendar month. Plaintiff filed the suit for eviction of defendants on an earlier occasion as O.S. No. 728 of 1983 on the ground of default of payment of rent. Trial Court at that time rejected the claim of the plaintiff for eviction, but allowed recovery of arrears of rent. Reason for dismissal of suit was that no notice under Section 106 of Transfer of Property Act terminating tenancy was issued. The matter was taken in appeal by defendants against that part of the decree which allowed recovery of arrears of rent as A.S. 12 of 1987. Plaintiff also filed cross appeal. Both the appeal and cross appeal were dismissed by the lower appellate Court.

(3.) APPELLANTS herein took various contentions and even the right of plaintiff over the property was not accepted. By an additional written statement, appellants also put forward a contention that the notice issued under Section 106 of Transfer of Property Act is not proper and the suit is liable to be dismissed.