Case Note & Summary
The case involves a second appeal arising from a suit for eviction and possession filed by the original plaintiff (since deceased, represented by legal representatives) against the defendant-tenant. The suit property was leased to the defendant No.1 on 16-4-1984. The plaintiff issued a notice under Section 106 of the Transfer of Property Act, 1882 terminating the tenancy and claiming arrears of rent of Rs.810/- for the period from 15-7-1985 to 14-4-1986. The Trial Court dismissed the suit on 23-7-1993, holding that the tenancy was not proved. The plaintiff appealed to the District Court, which allowed the appeal on 7-11-2001, setting aside the Trial Court's judgment and decreeing eviction and possession along with arrears of rent and an enquiry into mesne profits under Order XX Rule 10(1) CPC. The original defendant No.2 (appellant) filed the present second appeal. The High Court framed substantial questions of law regarding the validity of the lease agreement and the termination notice. The Court examined the evidence and found that the lower Appellate Court had correctly appreciated the evidence, including the lease agreement and rent receipts, establishing the landlord-tenant relationship. The notice of termination was also held valid. Consequently, the High Court dismissed the second appeal, upholding the eviction decree.
Headnote
A) Property Law - Landlord and Tenant - Eviction - Section 106 of Transfer of Property Act, 1882 - The suit for eviction was based on a notice under Section 106 of the Transfer of Property Act, 1882. The Trial Court dismissed the suit holding that the tenancy was not proved. The lower Appellate Court reversed the finding and decreed eviction. The High Court upheld the Appellate Court's decision, holding that the relationship of landlord and tenant was established through the lease agreement and rent receipts, and the notice of termination was valid. (Paras 1-3)
Issue of Consideration
Whether the lower Appellate Court was justified in reversing the Trial Court's finding that the tenancy was not proved and in decreeing eviction and possession.
Final Decision
Second Appeal dismissed. The judgment and decree passed by the lower Appellate Court are confirmed. No order as to costs.
Law Points
- Section 106 of Transfer of Property Act
- 1882
- Notice of termination of tenancy
- Lease agreement
- Relationship of landlord and tenant
- Eviction decree
- Mesne profits
- Order XX Rule 10(1) CPC
