T. Sathiadev, J.

1. Plaintiff in ejectment suit No. 40 of 1974 on the file of the II Judge, Court of Small Causes, Madras is the petitioner herein and the defendant is the respondent. Plaintiff filed the suit as owner of I ground and 28 sq.ft. in R.S. No. 1523/4, at Rathnasabapathi Pillai St., Madras 7, and that a superstructure now exists thereon bearing door No. 10 Rathnasabapathi Pillai Street. Plaintiff leased out the plot of land originally to one Rajamanickammal on a monthly rent of Rs. 3.25 and she left behind huge arrears and expired 27 years ago intestate, and that in September 1970, on plaintiff being told that defendant is claiming to be the lessee of the property and collecting ground rent from sub-tenants, a notice was sent on 15.9.1970 calling upon him to prove that he is the successor-in-interest of Rajamanickammal, He replied through his Counsel on 26.9.1970, stating that he is her son and may be treated as a lessee under the plaintiff and undertook to pay the arrears of rent for three years, but failed to do so, and therefore, under Section 106 of the Transfer of Property Act, a notice was issued on 7.10.1970. This was replied on 26.11.1970, by defendant promis