- (1.) The defendant No. 2 is the appellant in this appeal which is directed against a judgment and decree dated 17th Feb. 1989 passed by a learned single Judge of this Court whereby and whereunder the suit for eviction filed by the first respondent herein was decreed.
(2.) In view of the question raised in this appeal it is not necessary to state the fact of the matter in details. Suffice it to say that admittedly by a registered Indenture of Lease dated 15-11-1949 between Prudential Assurance Company Limited, the predecessor in interest of the first respondent herein and the defendant No. 1 Mrs. Harmine Madath alias Mrs. H. Madath and Mr. Vasgen David Gatachick, the premises in question were demised for a term of three years from 1-10-1949. Allegedly such a demise was made for the purposes mentioned in the Deed of Lease. The plaintiff contended that the aforementioned Vasgen David Gatachick surrendered joint lease whereafter the defendant No. 1 became the sole monthly tenant under the said Prudential Assurance Co. Ltd. The right, title and interest of the aforementioned Prudential Assurance Co. Ltd. vested in therespondent No. 1 herein in terms of the provisions of the Life Insurance Corporation Act.
(3.) By a notice datd 27th April, 1971 the aforementioned tenancy of the defendant No. 1 was determined. As the defendant No. 1 did not vacate the suit premises the aforementioned suit was filed.;