the original lease agreement cannot be looked as it is not registered.?=Since the premises is a residential premises even in the absence of written document, the tenancy can be said to be from month to month and even if there is any defect in the notice under Section 106 T.P. Act in prescribing the time calling upon the defendant to vacate the premises, it will not defeat the suit.

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

SECOND APPEAL No. 111 of 2012.

JUDGEMENT

            This second appeal is filed by the unsuccessful defendant in O.S.No. 58 of 2009 for recovery possession of the property on the ground that the defendant is a tenant and the rent payable was Rs. 4,500/- p.m. and subsequently the rent was enhanced to Rs. 5,000/-.  After the initial period of tenancy     was expired in September, 2003, as the defendant was not vacating the premises, quit notice was issued on 3.10.2008 and as the defendant failed to vacate the premises, the suit was filed and claimed damages for Rs. 1000/- per day. The husband of the defendant gave reply admitting the tenancy.  The defendant claimed that the notice is not valid and also she is the tenant holding over with the consent of the landlord and she is not liable to be vacated.  The courts below have not accepted any of the contentions raised by the appellant.

            The learned Counsel for the appellant claims that the original lease agreement cannot be looked as it is not registered. Since the premises is a residential premises even in the absence of written document, the tenancy can be said to be from month to month and even if there is any defect in the notice under Section 106 T.P. Act in prescribing the time calling upon the defendant to vacate the premises, it will not defeat the suit.  In view of the above circumstances, no substantial question of law arises for interfering in this second appeal.  Accordingly, the second appeal is dismissed at the stage of admission.  However, the appellant is granted two moremonths time from today for delivery of possession and the proceedings for determination of mesne profits as directed by the courts below shall be proceeded with. There shall be no order as to costs.

                                                                                    ________________________

                                                                                     N.R.L.NAGESWARA RAO,J

22.06.2012.

KRB.

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

SECOND APPEAL No. 111 of 2012.

JUDGEMENT

22.06.2012.