RAJANGAM DIED Vs. CLARA AMMAL

JUDGEMENT

(1.) THE above Second Appeal has been filed by the defendant in O. S. No. 383 of 1981 on the file of the District Munsif s Court, nagapattinam. Defendant - Appellant died during the pendency of the appeal and his legal representative have been brought on record to prosecute the appeal. Respondents filed the suit for recovery of possession of the suit property after removing the superstructure put up on the land and for recovery of the rental arrears of a sum of Rs. 360 for 18 months from 15. 2. 1980 to 15. 8. 1981.

(2.) THE case of the plaintiffs before the trial Court was that the property belonged to them, that as per the agreement dated 15. 12. 1968, the defendant became a tenant and he put up a hut with his expenses on the undertaking to pay Rs. 20 per month towards rent on the first of every English calendar month, that he failed to pay the rent as undertaken from 15. 2. 1980 onwards, that the property is also required for the use of the plaintiffs, that the defendant has also encroached upon other portions of the property and that a notice dated 15. 7. 1981 has been issued calling upon the defendant to deliver vacant possession of the property.

(3.) IN Kallappa Achari's case, 1974 TLNJ 263, a learned single Judge of this Court has held that a notice calling upon the tenant to vacate on a particular date, though without mentioning specifically that the tenancy as such was determined, would amount to determination of the tenancy as contemplated under Section 106 of the Transfer of Property Act. So far as the facts and circumstances of this case are concerned, there can be no doubt over the position that the tenancy agreement was from 15. 12. 1968 and having regard to the nature of the land, it is to be construed to be a monthly tenancy. The plaintiffs have treated apparently by virtue of the agreement between the parties the tenancy month in this case being from 15. 12. 1968 periodically. The fact that there was a provision for payment of rent on the first of every english calendar month is no justification to treat it as a monthly tenancy with effect from the first of English Calendar month. The courts below, in my view, was right in holding that the notice of termination of tenancy giving 15 days'time ending with the tenancy month viz. , by 15. 8. 1981 and calling upon the defendant to surrender vacant possession of the site on 16. 8. 1981 is quite in accordance with the stipulation contained in Section 106 of the Transfer of property Act. The contentions to the contrary are of no merit and the Courts below cannot be said to have committed any error in rejecting the objections of the defendant in this regard, warranting interference of this Court in the Second appeal.