JANARDHANA RAJU Vs. THAILAMMAL

JUDGEMENT

(1.) This appeal has come before me on remand from the Supreme Court of India. The facts relevant are shortly as follows :-

(2.) The mother of the appellants filed O. S. 1472 of 1976 for recovery of possession from Irusappa Asari who was a tenant with respect to the suit property. According to the plaintiffs, the lease was taken on 6-5-1957. It was alleged that the tenant had encroached on an adjacent land which was not the subject matter of the lease. Pending the suit, the mother of the appellants died and the appellants were brought on record as her legal representatives.

(3.) The defendant contested the suit claiming that he was a tenant from January, 1955 with reference to a larger property than what was set out by the plaintiffs. He claimed the benefits of the Tamil Nadu City Tenants Protection Act are filed a petition under S. 9 of the Act. It was contended that the suit was not maintainable as there was no notice under S. 11 of the Act.