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Gandrapu Sinayya Vs. Koppineni Venkataratnam and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.701
AppellantGandrapu Sinayya
RespondentKoppineni Venkataratnam and ors.
Cases ReferredIn Venkatacharlu v. Kondappa
Excerpt:
landlord and tenant - tenancy--notice to quit--right to eject. - 1. the commencement of abbanna's tenancy is found and also payment of rent for a number of years by him and successors. the district judge has not found occupancy right. the tenancy must be presumed to be one from year to year. the plaintiff alleges due notice to quit. far from denying it in the written statement, the defendant admits notice. in venkatacharlu v. kondappa 15 ma. 95, notice to quit was not found. the plaintiff is entitled to eject. we reverse the decree of the district judge and restore that of the munsif with costs here and in the lower appellate court.
Judgment:

1. The commencement of Abbanna's tenancy is found and also payment of rent for a number of years by him and successors. The District Judge has not found occupancy right. The tenancy must be presumed to be one from year to year. The plaintiff alleges due notice to quit. Far from denying it in the written statement, the defendant admits notice. In Venkatacharlu v. Kondappa 15 MA. 95, notice to quit was not found. The plaintiff is entitled to eject. We reverse the decree of the District Judge and restore that of the Munsif with costs here and in the lower appellate Court.


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