LAWS(KER)-1964-2-27

MAYANKANAKATH MUTHAMODKUTTY HAJI Vs. EDASSERI MOIDEENKUTTY

Decided On February 03, 1964
MAYANKANAKATH MUTHAMODKUTTY HAJI Appellant
V/S
EDASSERI MOIDEENKUTTY Respondents

JUDGEMENT

(1.) This is an appeal by the plaintiff from a decree in a suit for recovery of possession or a building mentioned in the plaint schedule with arrears of rent on the basis of a registered coollcharthu, Ext. A1, executed by the defendant in favour of the plaintiff. The plaintiff issued a notice on 28-10-1957 terminating the lease from 14-11-1957 and demanding surrender of possession of the building. The defendant raised two contentions but the only contention with which I am now concerned is the one raised by him as regards the validity of the notice to quit. His other contention was that the registered coollcharthu on which the suit was based was not valid and binding on him and that he was holding the building and property under an oral tenancy on an agreement to pay Rs. 20/- and 5 paras of paddy per year.

(2.) The Trial Court found that the defendant was holding the property and the building under the oral tenancy set up by him, that Ext. A1 coolicharthu was not binding on him, and that the notice to quit was invalid and dismissed the suit. The lower appellate court came to the conclusion that the defendant was holding the building under the registered coollcharthu Ext. A1 and that the notice issued by the plaintiff to the defendant was defective in that It did not give 15 days' clear notice for the determination of the tenancy as required by S.106 of the Transfer of Property Act, It therefore confirmed the decree of the Trial Court,

(3.) Mr. Kuttikrishna Menon, appearing for the appellant, argued that the decrees of the courts below were wrong in any view on the ground that the plaintiff was entitled to recover the arrears of rent claimed in the plaint, and therefore that claim ought to have been decreed. I think the courts below were wrong in negativing the claim of the plaintiff for arrears of rent claimed in the plaint. I therefore pass a decree in favour of the plaintiff for the arrears of rent claimed in the plaint with interest at 5 per cent, per annum from the date of the suit upto the date of the realisation of the amount.