A. Jayaraman v. M.R. Rani
Case brief
What is this about?
A second appeal by a tenant challenging the eviction decree. The High Court held that the landlord's notice of termination under Section 106 of the Transfer of Property Act was valid despite the tenant's claim of lower rent. The appeal was dismissed.
What did the court decide?
Second appeal dismissed with costs; connected miscellaneous petition closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2022
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
S.A. No.919 of 2021 and C.M.P. No.17431 of 2021
A.Jayaraman ... Appellant/Defendant
- M.R.Rani 2. M.R.Manju Dharshini ... Respondents/LR's of Plaintiff
Second Appeal is filed under Section 100 of Civil Procedure Code, 1908, to set aside the judgment and decree dated 27.09.2019 passed in A.S. No.5 of 2019 on the file of the Additional District Judge IV Court, Ponneri, confirming the judgment and decree dated 11.09.2017 in O.S. No.72 of 2010 on the file of the Subordinate Judge's Court – Ponneri and thereby allow this appeal as costs.
For Appellant : Mr. P.Rajendra Kumar
For Respondents: Mr. K.Jaganathan (Vak.Rtd on 06/01/2022)
JUDGMENT
Issues for consideration
2 issues framed by the court
Whether the notice issued for termination of tenancy on 26.05.2007 was valid considering the dispute on quantum of rent.
Whether the defendant could claim non-termination of tenancy due to inaccuracies in the notice under Section 106 of the Transfer of Property Act.
Parties & counsel
- appellant
A.Jayaraman
- respondent
M.R.Rani
- respondent
M.R.Manju Dharshini
Coram
Case details
As recorded by the court registry
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