T K NARAYANA PILLAI Vs. NAGANATHA IYER

JUDGEMENT

(1.) This is a second appeal from the judgment of the learned Subordinate Judge of Mayuram allowing A. S. No. 109 of 1975 and reversing the judgment and decree of the learned District Munsif of Sirkali in O. S. No. 741 of 1974.

(2.) The suit was instituted by the appellant against the respondent herein for eviction of the respondent from the buildingwhich the respondent had taken on lease on a monthly rent of Rs. 25. The respondent, as defendant, contended inter alia that he is entitled to the benefits of the Tamil Nadu Occupant Kudiyiruppu (Conferment of Ownership) Act, 1971 (Act 40 of 1971-to be hereafter referred to as the Act). He also contended that there was a fresh tenancy arrangement between him and the plaintiff on 6-8-1974 and that there was no valid notice to quit.

(3.) The learned District Munsif found that there was no such fresh tenancy arrangement between the plaintiff and defendant on 6-8-1974, as pleaded by the defendant and that the notice to quit is proper and valid. He further held that the defendant is not an agriculturist and that he is not entitled to the benefits of the Act. He, therefore, decreed the suit for recovery of possession of the suit property with a sum of Rs. 50 as damages for use and occupation. However, on appeal, the learned Subordinate Judge came to the conclusion that the defendant is entitled to the benefits of the Act and, therefore, set aside the judgment and decree of the trial Court and dismissed the suit.