ARUMUGA NADAR DIED Vs. SUBBULAKSHMI AMMAL

JUDGEMENT

(1.) DEFENDANT in O. S. No. 213 of 1976, on the file of District munsif, Kovilpatti, is the appellant. After the appeal was filed, the appellant died and his legal heirs were brought on record as appellants 2 and 3.

(2.) THE suit filed by the sole respondent herein was one for recovery of possession, after terminating the lease arrangement. In the written statement filed by the defendant, he admitted that the plaintiff is the landlady and that he is the tenant. As per Ex. A-1, dated 13. 5. 1976, the plaintiff terminated the tenancy with the tenancy month and sought recovery of possession. According to the tenant, he received the notice only on 17. 5. 1976, as evidenced by Ex. A-2 acknowledgment. It is further contended by the defendant/ tenant that if Ex. A-2 is considered as the date of receipt of notice, 15 days' time is not given, as provided in" sec. 106 of the Transfer of Property Act, and as such, the notice is invalid. On the basis of Ex. A-1 notice, the defendant contends that the tenancy cannot be terminated and therefore, the suit for recovery also could not be maintained.

(3.) BOTH the courts below have concurrently found that the notice issued is proper and the plaintiff is entitled to recover the property. The termination was also found to be in accordance with Sec. 106 of the Transfer of Property Act.