MOORTHY Vs. GOVINDARAJ

JUDGEMENT

(1.) THIS second appeal is filed by the defendant, inveighing the judgement and decree 14.6.2010 passed by the Principal Sub Court, Mayiladuthurai, in A.S.No.74 of 2009 confirming the judgement and decree dated 26.10.2009 passed by the Additional District Munsif Court, Mayiladuthurai, in O.S.No.48 of 2009, which was filed for recovery of possession.

(2.) THE parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

(3.) THE learned counsel for the appellant/defendant would mainly focus his attention on only one point that Ex.A1-the termination notice was not in accordance with law for the reason that there is no version in it to the effect that the lease emerged between the plaintiff and the defendant was terminated; in the absence of such specification in the termination notice, by no stretch of imagination, it could be taken that the said Ex.A1 satisfied the ingredients of Section 106 of the Transfer of Property Act. THE Courts below, according to him, have not taken into consideration the said point.