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1973 Supreme(Ker) 65

K.BASKARAN
MADHAVAN VYDIAR – Appellant
Versus
JANAKI – Respondent


Judgment :-

1. Sri P. M. Balasubramoniam, the learned counsel for the appellant in the second appeal filed by the defendant, has stressed in bis argument mainly one point; and that relates to a question of law pertaining to quit notice under S.106 of the Transfer of property Act. The relevant portion of S.106 of the T. P. Act reads as follows:

"and a lease of immovable property for any other purpose shall be deemed to baa lease from month to a month, terminable on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy.

2. The plaintiff's case, briefly stated, is as follows: One Pokken, father of the plaintiff, was the owner of the property in which the plaint schedule shop building is situate. Under the said Pokken one Kumaran, brother of the defendant, was a lessee, the date of lease being 131952 and the rate of rent being Rs. 6/-per month. There is no written agreement with respect to the lease. After the death of Pokken, the defendant bad attorned to the plaintiff's brother, and later to the plaintiff, when the property in question was allotted to her in partition. On 29 10 1968 the plaintiff issued Ext. A-3 notice to the defen

























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