RAMESHKUMAR JAIN Vs. S K HABIBULLAH

JUDGEMENT

(1.) THE second appeal has been filed against the judgment and decree passed by the VIII Additional City Civil Judge, Chennai, dated 21.9.2001, in A.S.No.91 of 1999, confirming the judgment and decree passed by VI Assistant Judge, City Civil Court, Chennai, dated 21.9.1998, in O.S.No.6030 of 1995.

(2.) THE appellants were the defendants in the suit O.S.No.6030 of 1995. THE plaintiff in the suit, who is the respondent in the present second appeal, had filed the suit praying that the defendants ought to vacate the suit shop and to deliver vacant possession of the same and also for recovery of damages from the defendants.

(3.) AN unregistered lease agreement had been entered into between the plaintiff and the defendants, on 1.1.1992, for granting the lease for a period of 11 months. Thereafter, the tenancy was to continue on monthly basis and the monthly rent payable by the defendants was Rs.2,100/- till 31.12.1993 and thereafter, it was to be Rs.2,300/- per month, based on the English Calendar month. The tenancy was one at will. The plaintiff had issued a notice, dated 22.6.1995, as stipulated in Section 106 of The Transfer of Property Act, 1882, terminating the tenancy on and from 31.7.1995. The plaintiff had also called upon the defendants through the said notice to quit and delivery the vacant possession of the suit premises, on or before 1.8.1995. The defendants were given 15 days clear notice as required under the Act to quit and deliver the vacant possession of the premises to the plaintiff.