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1996 Supreme(Mad) 775

S.S.SUBRAMANI
S. Mariammal and Others – Appellant
Versus
Sornavalli Achi and Others – Respondent


Advocates:
P.Ananthakrishnan Nair, for Appellants. S.Subbiah, for Respondents.

Judgment :

Legal heirs of the defendant are the appellants before this Court.

2. The suit filed by the plaintiff was one for recovery of possession on termination of tenancy.

3. Material averments are as follows: Admittedly plaintiff is the owner of the building and the same was let out to the deceased defendant as per rent deed dated 14. 1969. The agreed rent was Rs.950 per mensem and the lease was for a term of three years. It is said that it is a composite lease and, therefore, the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act will not apply. It is further said that rent must be paid according to English calendar month. It is further averred in the plaint that the tenancy is as per English calendar month, and every month’s rent was agreed to be paid on or before the 10th of the succeeding month. Subsequently rent was increased to Rs. 1,000 and the deceased defendant was paying the rent, and the rent deed was kept intact. It is said that after the expiry of the term, the defendant (since deceased) was allowed to continue as tenant holding over on the same terms. Finally, they say that a quit notice was issued on 11. 1980, terminating the tenancy by the end




































































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