V. Gopala Gowda, J.--The Appellant was Defendant and the deceased Respondent was the Plaintiff in the trial Court. For the sake of convenience, the parties are referred to as per their rank in the trial Court.

2. (a) The Plaintiff filed the suit in O.S. No. 317 of 1988 for possession of suit 'A' schedule property, mesne profits and damages at Rs.10/- per day. The case of the Plaintiff is that Defendant was a tenant of the property in question and the tenancy is month-to-month. The further case of the Plaintiff is that she terminated the lease by issuing legal notice dated 20.6.1988 but the Defendant failed to quit and hand-over possession of the premises. The Defendant resisted by filing written statement denying the case pleaded by the Plaintiff and contending that the lease is a permanent lease and the lease was not determined. It is claimed that the lease was for a period of 5 years with an option to continuation. It is asserted that the Defendant has opted to continue the lease. The Defendants prayed for dismissal of the suit.

(b) During the pendency of the suit, the Plaintiff died and her legal representatives came on record and prosecuted the suit.

(c) On the basis of th