THANAPAL Vs. SAKUNTHALA

JUDGEMENT

(1.) WHEN the matter is taken up for hearing, both the counsel request that the Second Appeal could be disposed of. Accordingly, the Second Appeal is taken up for hearing.

(2.) THIS Second Appeal has been brought forth by the plaintiff, whose claim for recovery of possession before both the Courts below was negatived.

(3.) HEARD the learned counsel for the respondent. According to him, it is a case where the rental of Rs.3/- per month is also payable annually for a sum of Rs.36/- towards the lease amount and it has been paid by the defendant on the request of the plaintiff annually and under these circumstances, the decision cited by the plaintiff is not applicable to the present facts of the case that both the Courts below were perfectly correctly in recording a finding that the notice was not valid and hence, the Suit was to be dismissed.