R JAYACHANDRAN Vs. SOLETTI LAKSHMANA CHETTIAR TRUST

JUDGEMENT

(1.) THIS is a tenant's second appeal. The suit for eviction and arrears of rent against him was dismissed by the trial Court but the first appellate Court decreed the suit.

(2.) THE plaintiff is Soletti Lakshmanan Chettiar Trust represented by its Managing Trustee N. k. Sreeramulu Chetti. THE plaintiff filed the suit alleging that the defendant, appellant herein, is a tenant in its premises on a monthly rent of Rs. 45 and he executed a tenancy agreement in 1971; he fell in arrears and there was a rent arrears of Rs. 630; a notice of termination was issued to him and inspite of the demand he is not vacating. Hence the suit.

(3.) WHETHER it is a monthly tenancy or yearly tenancy, in both cases it appears there is no proper notice of termination. According to the landlord it sent a notice of termination in Ex. A. 4 postal cover but that has been returned by the postman after six days with an endorsement'not found'made on each of the six days, and this would amount to service of notice to the defendant-tenant. According to the tenant no notice was served on him and he had no knowledge of any notice having been sent to him by the plaintiff-landlord.