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Gottimukkala China Somaraju Vs. Srimat Surangam Nallani Chakravarthula Singara-charyulu Ayyavarlam Garu and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1916Mad828(1); 29Ind.Cas.574
AppellantGottimukkala China Somaraju
RespondentSrimat Surangam Nallani Chakravarthula Singara-charyulu Ayyavarlam Garu and anr.
Excerpt:
madras rent recovery act (viii of 1865), section 12 - tenancy from year to year--oral notice to quit--wrongful ejectment--suit for possession--damages. - 1. this appeal arises out of a suit under section 12 of the rent recovery act. the learned district judge has found that the tenancy of the appellant was from year to year. we are not prepared to say that, in deciding this question of fact the learnedj judge has committed any such error as can be corrected in second appeal, and accept that finding. he has also found that there was in effect oral notice to quit at the time when the tenant was wrongfully ejected. on these findings the tenant was entitled to be in possession for a year after the period when he was ejected, and the learned judge's decree giving one year's mesne profits as damages in lieu of possession is, therefore, quite correct.2. the second appeal is dismissed with costs.
Judgment:

1. This appeal arises out of a suit under Section 12 of the Rent Recovery Act. The learned District Judge has found that the tenancy of the appellant was from year to year. We are not prepared to say that, in deciding this question of fact the learnedj Judge has committed any such error as can be corrected in second appeal, and accept that finding. He has also found that there was in effect oral notice to quit at the time when the tenant was wrongfully ejected. On these findings the tenant was entitled to be in possession for a year after the period when he was ejected, and the learned Judge's decree giving one year's mesne profits as damages in lieu of possession is, therefore, quite correct.

2. The second appeal is dismissed with costs.


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