AKHILANDAMMAL AND MINOR SELVAR Vs. CHIDAMBARAM CHETTIAR

JUDGEMENT

(1.) THE main contention raised in the Second Appeal is whether the notice to quit satisfies the requirements of Section 106 of the Transfer of Property Act. THE site and the machinery had been leased out by the respondent to the first defendant in the suit on a monthly rent of Rs. 90/-, that the first defendant had committed default and as on 21.11.1979 there were arrears in a sum of Rs. 761/-, that notice of termination was issued to take effect at the end of 31.12.1979 and as the first defendant did not comply with thee notice of demand, the suit came to be filed lor recovery of possession. Pending suit, the first defendant died and his legal representatives were brought on record as defendants 2 and 3 and they are the appellants in the Second Appeal.

(2.) THE defence was that the monthly rent was Rs. 607- and not Rs. 90/- as claimed in the notice that there was no arrears and the termination was invalid.