G.M. ALI Vs. MRS. M. ROSARY AMMAL

JUDGEMENT

(1.) IN this civil revision petition an interesting question arises, whether a notice of determination of tenancy is necessary in the case of a tenant who holds over, and, if it is necessary, whether such a notice should conformably be in terms agreed to between the landlord and the tenant prior to the commencement of such holding over by the tenant. Under a tenancy agreement Exhibit P -1, dated 24th November, 1954, the petitioner was let into possession of premises No. 100, Broadway, Madras. Inter alia the agreement provided that the tenancy shall be in accordance with the English calendar month and that the petitioner shall use the premises only for his own purposes and shall not sublet or assign the whole or any portion thereof. Clause 6 of the agreement runs as follows:

(2.) THE question whether the notice of determination of tenancy was in order or not, was not seriously argued in the Courts below as by then the Full Bench decision in Raval & Co. and Anr. v. K.G. Ramachandran (Minor) and Ors., was ruling the day. After filing the civil revision petition, the petitioner filed C.M.P. No. 9373 of 1967 and prayed for leave to raise the following additional ground:

(3.) THE question however is whether the proceedings initiated by the landlady under the provisions of Madras Act (XVIII of 1960) without issuing a notice of determination of tenancy in accordance with the provisions of the Transfer of Property Act, is valid and regular and whether the Courts below had the jurisdiction to entertain the same if such a notice of determination is not proper, regular and legal in the eye of law.