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1972 Supreme(Ker) 191

T.C.RAGHAVAN, V.P.GOPALAN NAMBIYAR, G.VISWANATHA.IYER
JACOB PHILIP – Appellant
Versus
SBT – Respondent


Judgment :-

1. This appeal is by the 3rd defendant in a suit for eviction and recovery of possession on the basis of Ex. P3 lease dated 27-7-1956 granted to the 1st defendant in the suit for a term of one year on a rent of Rs. 480/-. The lessor was the Travancore Forward Bank which, consequent on the amalgamation of Banks, was taken over in or about 1960 by the State Bank of Travancore, which instituted the suit. The appellant and the 2nd defendant had a contention that Ex. P3 lease was benami for their benefit, but this was found against by the trial court and was not repeated before us. The appellants claimed to be entitled to fixity of tenure under S.13 of the Kerala Act 1 of 1964. But this was found against, by reason of the exemption contained in S.3(1)(i) of the Act. Their further contention that the suit was bad for want of a proper notice to quit, was also found against on the ground that there was a contract to the contrary which was

sufficient to dispense with the statutory requirement of a notice. These two contentions alone have been pressed before us.

2. First, as to the question of notice. Ex. P3 is for a term of one year which expired on 27-7-1957. The suit was filed





















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