Public agent 307

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Though the plaint averred that by receipt of rent on the 30th July, the tenancy of the appellant still continued, the respondent did not in his written statement plead that the Karnam's act was not binding on the respondent. If so the respondent cannot evict him unless due notice was given. The Collector also ordered the Tahsildar to take immediate action to evict the lessee and to re-enter upon the land. The appeal is therefore dismissed; but under the circumstances I do not make any order as to costs of the appeal. In May, , the respondent terminated the lease on the ground that one of the conditions of the lease was violated and that the lease contained a provision for forfeiture and re-entry. But that being a pure question of law, I allowed it to be raised here. After the death of the father successive leases were granted by the respondent from time to time.

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