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Madras High Court · body

1903 DIGILAW 6 (MAD)

Chinna Narayudu v. Harischendana Deo

1903-01-21

BENSON, BHASHYAM AYYANGAR

body1903
JUDGMENT 1. A preliminary objection to the Plaintiffs suit in ejectment was taken in the Courts below to the effect that no notice to terminate the Defendants tenancy was given by the Plaintiff prior to bringing the suit. The Courts below overruled this plea on the ground that the Defendant had denied the landlords title, and that therefore no notice was necessary. 2. The documents referred to by the Courts below asserted the Defendants title as a permanent tenant and denied the Plaintiffs title to give a lease of the land to a third party. This is not a denial of the relationship of landlord and tenant between the Plaintiff and Defendant which would render notice unnecessary. 3. On this ground we allow the second appeal and, reversing the decrees of the Courts below, dismiss the Plaintiffs suit with costs throughout.