U.P. JAYARAM Vs. K. LEELAVATHI RAI

JUDGEMENT

(1.) THE appellant was defendant and the deceased-respondent was the plaintiff in the trial Court. For the sake of convenience, the parties are referred to as per their rank in the trial Court.

(2.) (a) The plaintiff filed the suit in O.S. No. 317/88 for possession of suit 'A' Schedule property, mesne profits and damages at Rs. 10/- per day. The case of the plaintiff is that defendant was a tenant of the property in question and the tenancy is month-to-month. The further case of the plaintiff is that she terminated the lease by issuing legal notice dated 20.6.1988 but the defendant failed to quit and hand over possession of the premises. The defendant resisted by filing written statement denying the case pleaded by the plaintiff and contending that the lease is a permanent lease and the lease was not determined. It is claimed that the lease was for a period of 5 years with an option to continuation. It is asserted that the defendant has opted to continue the lease. The defendants prayed for dismissal of the suit. (b) During the pendency of the suit, the plaintiff died and her legal representatives came on record and prosecuted the suit. (c) On the basis of the pleadings, the trial Court framed issues. Both the parties led evidence by examining witnesses and producing documents. On appreciation of the material evidence on record, the trial Court by its judgment dated 17.7.1996 dismissed the suit holding that the lease was permanent and termination of the same was not valid and proper. Aggrieved by the dismissal of the suit, the legal representatives of deceased plaintiff filed appeal in R.A. No. 164/96. The first appellate Court reappreciated the documentary and oral evidence available on record, by its judgment dated 24.9.1998 allowed the appeal, set aside the judgment and decree of the trial Court and decreed the suit with costs directing the defendant to hand over possession of the property to the plaintiff within two months. Aggrieved by the same, this second appeal is filed by the defendant.

(3.) HEARD the learned Counsel for the parties and perused the judgments and decrees of the Courts below.