J MANEMMA Vs. P MUNASWARNI

JUDGEMENT

(1.) The appellant herein is Defendant No.3 in O.S.No. 396/89 on the file of the Additional Subordinate Judge, Tirupathi. The suit was filed for eviction of the appellant, who is the tenant. Prior to the filing of the suit, the plaintiff issued a notice on 2-10-1989 to terminate the tenancy. The suit premises was taken on lease on 1-10-1986 and the rent was Rs. 1,700/-. The 3rd defendant/appellant has to pay Rs. 1,000/- per room while respondent No.2 i.e., the other joint tenant has to pay Rs. 700/-. The suit was decreed on 24-11-1992 against which A.S.No. 76/96 was filed which was also dismissed and aggrieved by the same, the present Second Appeal is filed.

(2.) Both the Courts below held that the suit notice that was issued for termination of tenancy is valid and there is no infirmity in the said notice. This being a finding of fact, no substantial question of law arises for consideration in this Second Appeal.

(3.) However, the learned Counsel for the appellant contended that during the pendency of the appeal, the original plaintiff died and he came to know from O.S. No.69/96 that the original plaintiff sold away the property to the plaintiffs in O.S.No. 69/96 who filed a suit for damages. The plaintiffs in O.S.No. 69/96 were brought on record as the legal representatives of the plaintiff who died pending the suit, only by means of a memo and, therefore, the plaintiff's suit cannot be decreed as he cased to be the owner of the property.