N. Patherya, J. - (1.) This is an application filed under Chapter XIII A of the Original Side Rules.
(2.) Counsel for the petitioner submits that the basic rent payable by the respondent to the petitioner was Rs. 28,876/ - and after deduction of tax at source a sum of Rs. 26,873/ - was payable. As the rent exceeds Rs. 10,000/ - per month a notice under Sec. 106 of the Transfer of Property Act (said Act) was issued on 4th April, 2008 and suit filed on 19th September 2008. The writ of summons was served on 3rd November 2008 and upon entering of appearance by the respondent on 12th November 2008 this application has been filed on 5th January 2009. As the lease deed dated 3rd June 2004 is not registered the respondent is a lessee month by month. No reply has been given to the notice dated 4th April 2008 and therefore the termination of tenancy accepted. For all the said reasons a decree for eviction be passed as sought.
(3.) Counsel for the respondent opposes the said application and submits that by the agreement dated 30th June 2004 a lease was granted for a period of 10 years. In case the monthly rent was not paid the lessor would be entitled to determine the tenancy and take over possession. One of the grounds on which the notice has been issued is failing to keep the interiors in good tenantable condition. This is also evident from the pleadings in the plaint therefore under Sec. 114A of the said Act as the respondent has not been given an opportunity to close the breach the notice is bad. In a case of forfeiture under Sec. 111 of the said Act a notice under Sec. 106 of the said Act will have no application as such notice can only be given for breach in payment of rent. Therefore, Sec. 114A of the said Act is applicable and notice thereunder ought to have been issued.;