T KSIDDARAMA SETTY Vs. V KKALAPPA

JUDGEMENT

(1.) This is an appeal by the defendant against whom the respondent plaintiff filed a suit for recovery of arrears of rent as also for ejectment. The defendant pleaded that he had paid rents regularly and was not, therefore, liable to ejected. Both the Courts found against the defendant and awarded a decree for rent as also for possession of the property.

(2.) Sri V. Krishnamurthy on behalf of the appellant contends before this Court that a proper notice contemplated under Section 106, T. P. Act had not been given and, as such, the relief for ejectment ought not to have been granted to the plaintiff, Exhibit B is the notice dated 5th September 1947 in which the plaintiff states:

(3.) In this view, the direction of the trial Court in the decree that future rents from the date of suit till delivery of possession be determined at the time of execution has also to be set aside. But the decree for rent claimed till the date of suit is confirmed. Since the defendant succeeds on a technical point not raised in the trial Court he is not entitled to any costs and parties will bear their own costs in the Courts below. Mallappa, J.