JUDGMENT

Defendant in O.S.No.187/2003 on the file of the Munsiff's Court, Neyyattinkara is the appellant. Plaintiff is the respondent. He instituted the suit seeking a decree for recovery of possession of the plaint schedule shop rooms. Admittedly, plaint schedule shop rooms were obtained by appellant on rent under Exts.A1 and A2 rent deeds dated 13-11-2000 and 13-3-2000. Period of lease provided both under Exts.A1 and A2 is 11 months from 13- 11-2000 to 13-3-2001. The case of the respondent is that later rent was enhanced from Rs.405/- to Rs.620/-. Appellant defaulted to pay the rent from April, 2002 onwards. Under Ext.A3 notice respondent demanded surrender of possession of the plaint schedule shop rooms. Ext.A5 the original notice was returned unclaimed. Appellant did not surrender possession of the plaint schedule shop rooms . It is claimed that he is entitled to a decree for recovery of possession of the plaint schedule shop rooms. Appellant resisted the suit, admitting Exts.A1 and A2. contending that tenancy was not validly terminated as provided under section 106 of the Transfer of Property Act, hereinafter referred to as “the Act”, and he did not receive any notice and inste