SETHURAMAN CHETTIAR Vs. SARASWATHI

JUDGEMENT

(1.) The second appeal came for admission on 15.10.2003. The decree holder is represented by a learned Counsel. The judgment under challenge is that the notice issued under Sec. 106 of the Transfer of Property Act had not been served at all and the suit being a one for ejectment, the termination of tenancy under Sec. 106 of the Transfer of Property Act is a must.

(2.) To verily the statement at the bar made by the learned Counsel for the judgment debtor, whether the notice under Sec. 106 of the Transfer of Property has been sent or not whether the same had been served or not, I directed the Registry to get the entire records from the lower Court. The records have reached. Perused the records.

(3.) On hearing the learned Counsel for the appellants, the second appeal is admitted and the following substantial question of law definitely arises for consideration in the second appeal.