SALADI SRIRAMA MURTHY Vs. K SWAMINAIDU

JUDGEMENT

(1.) This Second Appeal preferred by the plaintiff arises out of O.S.No.526 of 1972 on the file of the II Addl. District Munsif, Narsapur. That suit was filed against Kavali Adnarayana, the predecessor in interest of the respondents herein for possession of the plaint schedule property and for recovery of rent.

(2.) The plaintiff leased out the plaint schedule land in favour of the defendant Kavali Adinarayana under Ex.A-1 lease deed dt.October 4,1955 for a period of five years from September 21,1955 to September 20,1960 on a monthly rent of Rs.8-54 as payable by the2istdayof every month. It is an admitted fact that after the expiry of the said period of five years, no further lease deed was executed and the defendant continued in possession.

(3.) The plaintiff got issued Ex.A-4 registered notice February 20,1972 to the defendant under Section 106 Transfer of Property Act calling upon him to pay the arrears of rent and hand over vacant possession of the plaint schedule land by March 22,1972. That registered notice was returned with a postal endorsement that the defendant avoided to take delivery of the same. As the defendant avoided to take delivery of the same and as the defendant failed to pay the arrears of the rent and deliver vacant possession of the site, the plaintiff filed the suit. On the basis of the oral and documentary evidence, the trial court held that Ex.A-4 notice was valid and the defendant was liable to pay the. arrears of rent of Rs.175/- for the period from June 21,1969 to February 24,1971. The suit was accordingly decreed directing the defendant to remove the shed in the plaint schedule property and deliver vacant possession of the same to the plaintiff within twelve months from the date of that Judgment.