SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1953 Supreme(Mad) 61

P.V.RAJAMANNAR
Alphanso Pinto – Appellant
Versus
Thukru Hengsu – Respondent


Advocates:
T. Krishna Rao for Appellant.
A. Narayana Pai for Respondents.

Judgment.-

This second appeal arises out of a suit in ejectment. The tenant is the appellant. On 12th April, 1933, the appellant and his father the 1st defendant, executed in favour of the plaintiff-respondent, a chalgenichit in respect of the suit holding. The period of the lease was one year, but after the efflux of the period the tenants did not surrender possession but continued to be in occupation. There was a renewal of the lease in 1937 and again in 1942, Exhibits A-14 and A-13. On 6th November, 1945, the landlord issued a registered notice calling upon the tenants to quit and deliver possession. The suit in ejectment was filed on 17th April, 1946. Both the Courts below have decreed the suit.

In the second appeal, Mr. Krishna Rao, learned counsel for the appellant, urged two grounds. He first contended that there was no proper notice to quit. This contention is based entirely on the fact that in the notice to quit Exhibit B-1, there is a reference to the chalgenichit dated 12th April, 1933, but there is no reference to the two renewals in 1937 and 1942. I do not think that the omission to mention the two later leases, in any way renders the notice to quit improper or invalid.






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top