R SUBRAMANIYA UDAYAR Vs. K E MABOO

JUDGEMENT

(1.) BY consent of both the counsel, the second appeals themselves are taken up for final disposal.

(2.) THE short question involved in these second appeals is: Whether the suit is not maintainable on the ground of want of notice under Section 106 of the Transfer of Property Act.

(3.) THE appellant contested the suit contending that the panchayat would create a new lease even though the panchayat Muchalika was entered into, wherein the appellant had agreed to vacate and handover possession by 31.1.1993, subsequently there was an oral lease between the parties, whereby the respondents have extended the lease period for a period of further three years and as such the appellant is entitled to continue to be in possession till 31.1.1996.