JUDGMENT

The Second Appeal is directed against the judgment and decree in A.S.No. 35/2004 on the file of the District Court, Pathanamthitta which arises from the judgment and decree in O.S. No. 20/1992 on the file of the Munsiff's Court, Adoor. The suit was filed for eviction with arrears of rent and for permanent prohibitory injunction. The suit was dismissed finding that there is no issuance of proper notice under Section 106 of the Transfer of Property Act terminating the tenancy. The said dismissal was reversed by the lower appellate court. Hence the Second appeal. The defendants in the suit are the appellants herein. The parties hereinafter referred to plaintiffs and defendants as arrayed in the Suit.

2. It is not disputed that the 1st defendant had taken the plaint B schedule building on 29.3.1981 for a monthly rent of Rs.30/- for a period of one year. Defendants 2 to 5 are 1st defendant's family members. According to the plaintiffs the 1st defendant/ tenant has defaulted the payment of rent from 12.11.1988 onwards without any reason and that even after the expiry of the period of one year the 1st defendant continued to reside in the building. Hence the plaintiffs have issued a