SAMANTHULA NAGESWARAMMA Vs. MANDA MANIKAYM CHOULTRY ELURU

JUDGEMENT

(1.) The only question of law in this second appeal preferred by the tenant defendants is, whether a tenant without surrendering his possession in response to a notice under Section 106 of the Transfer of Property Act terminating the tenancy can plead adverse possession against the land-lord.

(2.) The admitted facts in this second appeal are. The plaintiff landlord inducted the defendants into possession of the suit property as the tenants. The premises was originally leased out to the 1st defendant. However, after induction into possession, the 2nd defendant wife of the 1st defendant submitted a bill in the year 1952 towards repair charges of the suit premises. The charges were adjusted towards arrears of rent payable up to 1952. Later on the plaintiff issued a notice, Ex.A-40 dated 17-3-1962, calling upon the defendants to pay the arrears due failing which suitable action would be taken against them. This notice, Ex.A-40, the defendants allege is one under Section 106 of the Transfer of Property Act by virtue of which the tenancy stood terminated and from that day onwards since the defendants were continuing in possession of their own right peacefully, openly and to the knowledge of the plaintiff they perfected their title by adverse possession by the date of the suit in 1978. In support of the contention that there was no relationship of land-lord and tenant between the plaintiff and the defendants, the defendants also rely upon a decision in HRC 25 of 1963 filed by the plaintiff against the defendants for possession, which was dismissed and also became final.

(3.) On the other hand, it is firstly submitted for the land-lord respondent that the notice, Ex.A-40, is not one issued under Section 106 of the Transfer of Property, Act terminating the tenancy, but only one demanding payment of rent with a threat to consequent action upon the failure. In view of these rival contentions, it is necessary to look into the contents of Ex.A-40 so as to appreciate whether it is a quit-notice terminating the tenancy or only one demanding payment of arrears or rent. The material portion relevant for the purpose in Ex.A-40 is as follows :