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1983 Supreme(Ker) 88

BALAKRISHNA MENON
MUHAMMADALI – Appellant
Versus
UMMAYA UMMA – Respondent


Judgment :-

1. The 2nd defendant is the appellant. The suit is for recovery of possession of the plaint schedule property two cents in extent and a building thereon with arrears of rent. The property belongs to the 1st plaintiff, wife of the 2nd plaintiff. The 2nd plaintiff on behalf of his wife had let the building to the 1st defendant on 15-11-1969 for the purpose of running a mill on rent fixed at Rs. 25/- per month. The tenancy was terminated as per Ext. Al notice to quit dated 16-8-1977. The rent is in arrears from 1-7-74 onwards. The 2nd defendant is impleaded as a person found to be in occupation of the building. The occupation of the 2nd defendant is without the consent of the plaintiffs. The tenancy of the 1st defendant is one from month to month and recovery of possession is sought on termination of the tenancy by Ext. Al notice to quit.

2. The defendants admit the plaintiffs' title and also the lease of the premises to the 1st defendant on 15- 11-1969 on rent at the rate of Rs. 25/- per month. The tenancy rights of the 1st defendant were transferred to the 2nd defendant as per Ext. BI sale deed dated 6-7-1974 executed by the 1st defendant in favour of the 2nd defendant. A
























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