JUDGMENT:

A tenant is grief-stricken as it has been ordered to vacate the demised premises by both the Courts below and therefore, it appeals to this Court under Section 100 C.P.C.

2. A learned judge of this Court, on 13.12.2013 admitted the second appeal on the following substantial questions of law:

A. Whether the suit could have been filed by the plaintiff who is one of the sons of the land lady (Durga Suseelamma) during her lifetime without pleading in the plaint as to how the plaintiff has become the owner and whether the defendant/tenant can be evicted from the demised premises at the instance of the plaintiff in the absence of quit notice by land lady and consequently whether the decree and judgment of trial Court and appellate Court are liable to be set aside?

B. Whether payment of rent to the plaintiff as agent of the land lady can confer any right to sue the defendant for eviction?

C. Assuming that the quit notice issued by the plaintiff is valid, whether the acceptance of monthly rents for 7 months after issuance of quit notice would not amount to waiver and whether institution of suit subsequently is permissible under law?

D. Whether the Partition List marked as Ex.A.21 would