IN THE HIGH COURT OF JUDICATURE AT MADRAS Date: 16.8.2011 Coram The Hon’ble Mr.Justice R.S.RAMANATHAN Second Appeal No.704 of 2011 and M.P.No.1 of 2011 Rajendran Appellant/Defendant vs. Govindarajan Respondent/Plaintiff For appellant : Mr.S.Sounthar For respondent : No appearance. Prayer:- Second Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 14.6.2010 made in A.S.No.73 of 2009 on the file of the Principal Sub Judge, Mayiladuthurai confirming the judgment and decree dated 26.10.2009 made in O.S.No.44 of 2009 on the file of the Additional District Munsif, Mayiladuthurai. JUDGMENT The unsuccessful defendant is the appellant. 2. The respondent/plaintiff filed the suit for recovery of possession of the suit property from the appellant. The case of the respondent/plaintiff was that the appellant/defendant became the tenant agreeing to pay a monthly rent of Rs.500/= and the tenancy is according to English Calendar. The appellant/defendant did not pay the rent regularly and till January 2009, the arrears of rent payable by the appellant/defendant was Rs.5500/=. As the appellant/defendant did not pay the rent regularly and the respondent wanted to demolish and put up a new superstructure, a notice was given on 5.8.2008 requesting the appellant to hand over vacant possession of the building and also to pay the arrears of rent and the notice was received by the appellant and a reply was issued by him on 25.8.2008 denying the allegations contained in the notice. Hence, the suit was filed for recovery of possession. https://hcservices.ecourts.gov.in/hcservices/ 3. The appellant admitted the arrears of rent and contended that the respondent/landlord was not regular in collecting the rent and therefore, there was arrears in the payment of rent and the notice to quit was not properly given. 4. Both the courts below held that the notice to quit was properly given and the appellant is liable to be evicted from the suit property and decreed the suit. Hence, the second appeal. 5. Mr.S.Sounthar, learned counsel for the appellant submitted that no proper notice to quit was given by the respondent and in the notice given by the respondent in Ex.A1, it was not stated that the tenancy in favour of the appellant was terminated and it was only stated that the appellant has to vacate and hand over possession on 1.9.2008 and therefore, in the absence of any specific wording in the notice that the tenancy is terminated, there is no proper notice to quit. He also submitted that the substantial question of law that arises for consideration in the second appeal is whether the notice to quit was in accordance with section 106 of the Transfer of Property Act. 6. I am unable to accept the contention of the learned counsel for the appellant. As per section 106 of the Transfer of Property Act, in respect of monthly lease, fifteen days clear notice has to be given and that was properly appreciated by the courts below and held that even though the word termination was not mentioned in the notice, having regard to the wordings in the notice, directing the appellant to vacate and hand over possession by 1.9.2008, the notice was issued as per the provisions of Section 106 of the Transfer of Property Act and therefore, the appellant cannot challenge the notice as not in accordance with section 106 of the Transfer of Property Act. According to me, proper notice to quit was given and both the courts below have rightly held that proper notice to quit was given to the appellant and decreed the suit. Hence, I do not find any reason to interfere with the findings of the courts below. The substantial question of law raised in this second appeal is answered against the appellant. In the result, the second appeal is dismissed. No costs. The connected miscellaneous petition is also dismissed. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar ssk. https://hcservices.ecourts.gov.in/hcservices/ To 1. The Principal Sub Judge, Mayiladuthurai. 2. The Additional District Munsif, Mayiladuthurai. 1 cc to Mr.S.Sounthar , Advocate, Sr.No.50944 S.A.No.704 of 2011 mrd(co) pmk.11.9.2011 https://hcservices.ecourts.gov.in/hcservices/