MADHAVAN VYDIAR Vs. JANAKI

JUDGEMENT

(1.) SRI P. M. Balasubramoniam, the learned counsel for the appellant in the second appeal filed by the defendant, has stressed in bis argument mainly one point; and that relates to a question of law pertaining to quit notice under S. 106 of the Transfer of property Act. The relevant portion of S. 106 of the T. P. Act reads as follows: "and a lease of immovable property for any other purpose shall be deemed to baa lease from month to a month, terminable on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy.

(2.) THE plaintiff's case, briefly stated, is as follows: one Pokken, father of the plaintiff, was the owner of the property in which the plaint schedule shop building is situate. Under the said Pokken one Kumaran, brother of the defendant, was a lessee, the date of lease being 131952 and the rate of rent being Rs. 6/-per month. THEre is no written agreement with respect to the lease. After the death of Pokken, the defendant bad attorned to the plaintiff's brother, and later to the plaintiff, when the property in question was allotted to her in partition. On 29 10 1968 the plaintiff issued Ext. A-3 notice to the defendant demanding surrender of the plaint schedule building with arrears of rent by 30 111968. To quote the actual words used.

(3.) RELIANCE is placed by Sri P. P. Anathanarayana Iyer, the learned counsel for the respondent, on the recitals in Exts. B-7 and B-10 for drawing an inference that the tenancy must have commenced on the 1st of march 1952 as alleged in the plaint, not on 12 21951 or 12 21952 as contended by the defendant. Est. B-7 is a receipt evidencing payment of rent of Rs. 36/-for six months from 1111966 to 30 41967 at the rate of Rs. 6/-per month. Ext. B-10 is a receipt for payment of rent at the rate of Rs. 6/- per month for six months from 1111967 to 30 41968. All that these receipts can establish is that the rent was at the rate of Rs. 6/- per month and that during the relevant period rent was paid on a monthly basis commencing from the first day of the month and ending with the last day of the month. This does not, however, throw any light on the date of commencement of the tenancy which is the most relevant factor while considering the validity and sufficiency of Ext. A-3 notice.