PONNAN NADAR KRISHNAN NADAR Vs. ASANARU PILLA

JUDGEMENT

(1.) THE only question that arises for determination,in this Second Appeal filed by defendant tenant in O.S.No.718 of 1981 on the file of the Principal Munsiff,Neyyattinkara,is whether the courts below were justified in their interpretation of Ext.A1 document and whether the tenancy in question has been validly terminated under S.106 and 116 of the cc?

(2.) THE suit was instituted for recovery of possession of the plaint schedule building with arrears of rent due from the defendant.The defendant has been in possession of the plaint schedule building under Ext.A1 rent deed dated 7 -10 -1968 agreeing to pay a monthly rent of Rs.30/ -.The period of lease was for one year and as per the terms of the lease the defendant was to surrender possession of the building to the plaintiff on the expiry of the period of one year.After the expiry of the period of tenancy,the defendant continued in possession agreeing to pay enhanced rent of Rs.80/ - per mensem.The rent has been paid for the period upto May,1981 and thereafter the rent has been in arrears.The plaintiff sent a registered notice,a copy of which is Ext.A2 dated 5 -8 -1981 to the defendant demanding surrender of possession of the plaint schedule building.As the defendant failed to surrender the building,the plaintiff instituted the suit.

(3.) ONE of the issues raised by the Trial Court was whether the tenancy has been properly terminated? No oral evidence was adduced either by the plaintiff or by the defendant.Exts.A1 to A4 were marked on the side of the plaintiff;while there was no documents to be marked on the side of the defendant.