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1978 Supreme(Ker) 254

V.P.GOPALAN NAMBIYAR, V.BALAKRISHNA ERADI, GEORGE VADAKKEL
DEVAKI – Appellant
Versus
ALAVI – Respondent


Judgment :-

1. The material question that survives for consideration in this appeal is as to whether the appellant-plaintiff is entitled to recover possession of the leasehold, a building let out for the doing business, without proper quit-notice under S.106 of the Transfer of Property Act, 1882 (hereinafter referred to as the Act). The lease was for a term of three months from 1-1-1967. It is also provided in the lease deed, Ext. Al, that after the expiry of the term of three months on demand by the appellant-lessor, the respondent-lessee shall at his expense surrender possession of the leasehold without any objection and without raising any contest. The parties also agreed that if the lessee continues in possession after the term, he shall pay to lessor the stipulated rent of Rs. 15 /-per month, during such period. We will quote these relevant clauses:

2. The appellant sent Ext. A2 lawyer's notice dated 12-7-1971 stating that the tenancy is terminated with effect from 30-7-1971. This notice reached the respondent on 16-7-1971. He sent Ext. A3 reply notice. It is common case that rent till and inclusive of that for June 1971 has been paid and accepted and that rent offered was not


























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