ARJA VENKATARATNAM Vs. ATMAKURU SURYANARAYANA

JUDGEMENT

(1.) THIS appeal has been filed by the defendant against the reversing judgment of Sri. B. C. Das, Addl. District Judge of Berhampur. The suit was for ejectment of defendant -tenant who was inducted on the land in dispute as a tenant by virtue of rent deed (Ex. 1) dated 8 -10 -34. The deed was for a period of six months and the rental fixed was Rs. 5/ - per month. After the expiry of the period given in the lease -deed (Ex. 1), the defendant continued to remain as a tenant from month to month. The defendant being in arrears of rent, the plaintiff served a notice on the defendant to quit and has brought the present suit for eviction.

(2.) THE suit was resisted on two grounds: - - (i) That the notice is invalid and (ii) that the suit is not maintainable under the provisions of House Rent Control Act, 1947, thera being no permission obtained under Section 13 of the Act. The trial Court decreed the suit for arrears of rent but dismissed the suit for ejectment holding that in fact, the notice is invalid and that no exemption order is necessary. Against that there was an appeal by the plaintiff but no cross -appeal by the defendant against the decree for arrears of rent. In appeal, the lower appellate Court having allowed the plaintiff a decree for eviction, the present Second Appeal has been filed by the defendant.

(3.) BOTH the points taken up by Mr Rao having failed, the appeal is dismissed with costs.