( 1 ) THE defendant in O. S. No. 40/1972 on the file of the I Additional Munsiff, Karwar, is the appellant and the plaintiff is the respondent in this appeal.

( 2 ) THE plaintiff brought the suit O. S. No. 40/1972 against the defendant for recovery of possession of the suit premises and arrears of rent together with future mesne profits. The suit was based on the allegations that the defendant has taken the suit premises on lease from the plaintiff agreeing to pay a monthly rent of Rs. 5/ -. The defendant has paid the rents at the rate of rs. 5/- p. m. for some time. Later he failed to pay the rent as agreed. Hench the plaintiff caused a lawyers' notice dt. 28-3-1972 to be issued to the defendant terminating his tenancy. The said notice was served on the defendant on 29-3-1972. In the said notice, the plaintiff also called upon the defendant to pay all the arrears of rent and also to deliver vacant possession of the premises in question. Since the defendant neither paid the arrears nor handed over possession of. the suit premises, the plaintiff brought the suit for the reliefs stated above.

( 3 ) THE defendant resisted the suit on several grounds. He admitted that he is a tenant

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