K VISALAKSHI Vs. MARUTHAMUTHU PILLAI

JUDGEMENT

(1.) THIS second appeal has been preferred by the legal representatives of the defendant Kanjamalai Pandithar in O.S. No. 105 of 1974 on the file of the District Munsif-s Court at Tiruvarur. The plaintiff became the owner of the house with its backyard and appurtenance by purchase under a sale deed dated 4th April, 1972, Kanjamalai Pandithar was a tenant, paying a rent of Rs. 110 per annum or Rs. 9.17 per mensem. On the ground that there were arrears of rent and that the building was required for the use of the plaintiff, a notice terminating the tenancy was given, and it was followed by a suit for recovery of possession with mesne profits.

(2.) THE defendant filed a written statement contending that he was an agriculturist and that he was entitled to the benefits of the Tamil Nadu Act XL of 1971.

(3.) AS the defendant, is no more, his legal representatives have filed the present second appeal, which has been admitted on the following questions: