K. NASIR BASHA Vs. TURUKKAN CHATRAM CHARITIES

JUDGEMENT

(1.) DEFENDANTS are the appellants.

(2.) THE suit was for ejectment on the allegations that the plaintiffs trust is the owner of the suit property, that the first defendant is a monthly tenant under the plaintiff, that the first defendant, according to the lease, should vacate after thirty days' notice, that no improvement had been made by the defendants as to claim compensation at the time of vacating, that to the notice issued the first defendant replied denying the tenancy, that thereupon a fresh notice dated 26th January, 1968 was issued determining the tenancy and that the second defendant has been impleaded as a party, as the first defendant has transferred the lease to him. The plaintiff no doubt denied the alleged transfer and also denied any practice in respect of Chatram properties, alleged by the defendants.

(3.) THE second defendant, in his written statement, alleged that he is the tenant, that no valid notice of termination has been given to him, and that as he got a transfer of the lease by paying Rs. 3,000/ - the said amount should be paid to him by the plaintiff. In other respects, the second defendant adopted the written statement filed by the first defendant.