Challenge in this second appeal is made by plaintiff against the judgment and decree dated 10.03.2011 passed in A.S.No.46 of 2010 on the file of the Sub Court, Nagapattinam, reversing the judgment and decree dated 11.11.2009 passed in O.S.No.87 of 2008 on the file of the District Munsif cum Judicial Magistrate, Vedaranyam.

2. The second appeal has been admitted and the following substantial questions of law are formulated for consideration in this second appeal.

(a) Whether the lower Appellate court is right in holding that under Ex.A2 there is no valid termination of tenancy especially when the defendant did not object to the Ex.A2, Notice in the written statement and therefore deemed to have been waived?

(b) Whether the receiving rent after the issue of Ex.B12, with amount to waiver of termination of tenancy?

3. The suit has been laid by the plaintiff for arrears of rent and recovery of possession.

4. The defendant, inter alia, has raised various defences resisting the case of the plaintiff and according to the defendant, he is the Paguthidar of the ground site of the suit property and not in arrears of rent in respect of the suit property as put forth by the plaintiff and f