JUDGMENT

MOHAN, J. :—Leave granted.

2. This anneal by special leave is directed against the judgment dated 28-5-91 of the High Court of Kerala in C.R.P. No. 1752 of 1990-D.

3. The short facts leading to this appeal are as under:

The petition schedule shed and the premises were obtained by the appellant and the second respondent under a partition of the year 1959, The second respondent is the mother of the appellant. In 1969, the premises were let out to the first respondent by the husband of the second respondent on a monthly rent of Rs. 15. On 24-1-1969 a rent deed was executed (Ex. A 1). After the death of the husband of the second respondent the first respondent paid rent up to September 1976. Thereafter she committed default in payment of rent. A notice was issued by the second respondent terminating the tenancy with effect from 20-4-77 and demanded vacant possession with arrears of rent.

4. On 14-2-78, the second respondent relinquished her entire right in favour of the appellant. Thereupon, the appellant obtained absolute right over the property. She filed a petition for eviction on two grounds: (i) the first respondent committed default in payment of rent and (ii) she will be en