S RAJAN Vs. DEVI CINE PROPRIETOR MANUFACTURING COMPANY

JUDGEMENT

(1.) THE defendant, who suffered a decree for possession in a suit filed by the respondent in O.S. No. 873 of 1975 on the file of IV Assistant Judge, City Civil Court, Madras which decree was confirmed on appeal in A.S. No. 100 of 1978, has come forward with this second appeal.

(2.) THE respondents herein leased out 4-1/2 grounds of vacant land adjoining Agasthya THEatre, belonging to them, comprising premises No. 393/394, Thiruvottiyur High Road in favour of the appellant herein. THE lease was) for a period of 11 months on a monthly rental of Rs. 360 from 20th August, 1971, One of the terms of the lease was that he should not put up any construction without the express permission of the landlord. THE lease was renewed for a period of 11 months from 1st August, 1972, and for another 11 months from 1st July, 1973, and by efflux of time, it expired by 31st May, 1974. By Exhibits A-3 and A-5, the tenant was called upon to vacate but he did not. THErefore, it became necessary on the part of the plaintiff to file the suit.

(3.) THE learned trial Judge came to the conclusion that the suit was maintainable and the notice Exhibit A-5, dated 17th August, 1974, was a valid one and complied with the requirements of section 106 of the Transfer of Property Act. On appeal, the findings of the trial Judge were confirmed. Hence, this second appeal.