( 1 ) SRI S. V. Raghavachar, Senior Counsel is appearing on behalf of the respondent in response to the emergent Notice directed to be issued as per order dated 6-3-1987. They are heard, and the appeal is admitted.

( 2 ) BOTH the Counsel requested that the question involved in this appeal is one of law and it lies within a small ambit and therefore, the appeal be heard for final disposal. Hence this appeal is heard on merits.

( 3 ) PLAINTIFF in 0. S. No. 2685/85 on the file of the XIII Additional City civil Judge, Bangalore City is the appellant, as the suit came to be dismissed by the Judgment dated 29-8-1986 on the ground that the same was not maintainable as there was no jurisdiction in the Lower Court.

( 4 ) THE facts are that the plaintiff is the owner of the suit schedule property. Defendant is the tenant.

( 5 ) THE facts relied upon by the plaintiff are : the defendant is a tenant of the entire premises on a monthly rent of Rs. 650/ -. Defendant committed default plaintiff terminated the tenancy by issuing a legal and valid notice, as the defendant was in arrears of rent. Therefore, the plaintiff was entitled to possession and arrears of rent to the tune of rs. 5