provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 are not applicable to the suit premises, as the suit building is exempted under Section 30(i) of the said Act, the Courts have taken a concurrent view that for seeking recovery of possession on termination of tenancy under the provisions of the Transfer of Property Act, no reason need be assigned. The contention of the appellant/defendant raised before the Courts below and to some extend even before this Court is that the respondent/plaintiff, having taken a plea that the appellant/defendant was in arrears of rent and was guilty of willful default in payment of rent, ought to have proved the same to prove his entitlement to get the relief sought for in the suit and that since the respondent/plaintiff has not pleaded the period of default, the respondent/plaintiff should have been nonsuited for the relief sought for in the suit. This Court is not in a position to countenance the above said contention raised by the learned counsel for the appellant. Though it has been stated in the plaint that the appellant/defendant was irregular in payment of rent and was guilty of willful default in payment of rent, that was not the ground on which the relief was sought for in the suit and the relief sought for in the suit was solely on the basis of termination of lease as per the provisions of the Transfer of Property Act. As the termination notice is not challenged by the appellant/defendant as invalid, there will be no valid ground for the appellant/defendant to resist the claim of the plaintiff made in the suit for recovery of possession.
