P SUBRAMANIAM Vs. ARULMIGU KASI VISWANATHAN ALAYAM

JUDGEMENT

(1.) The appellant is the defendant in O.S.No.178 of 1984 laid by the respondent/plaintiff for recovery of possession of the suit property and for mesne profits.

(2.) According to the respondent/plaintiff, the suit property, namely the house, was leased out to the appellant/ defendant for a period of 5 years from 14.4.1974, which expired on 13.4.1979. As the appellant/defendant failed to vacate the suit property, the respondent/plaintiff gave a notice on 29.8.1983 terminating the lease and demanding the balance of arrears of rent.

(3.) The suit was resisted by the appellant/defendant on the ground that the lease granted to the appellant/ defendant on 14.4.1974, for a period of 5 years, namely till 13.4.1979, even though had expired, since the appellant/defendant continued to be in possession and was paying the rent, he is entitled to be in occupation as a tenant in holding over.