FOCUS AUTOMOBILES, (UNIT OF FOCUZ CORPORATION PVT. LTD.) FOCUS TOWERS Vs. ABDUL GAFOOR, SON OF SRI. ABDU HAJI AND ANR.

JUDGEMENT

(1.) Appellant is the defendant in a suit for eviction filed by the respondents. Plaint schedule property is the portion of a building complex belonging to the respondents. The appellant is a private limited company. The premises were let out on rent by the respondents to the appellant for conducting their business. Lease commenced on 01.04.2009 and the term of lease fixed was 24 months. Rent stipulated is Rs. 12,152/- per month. An amount of Rs. 18,000/- was paid by the appellant to the respondents as advance. The respondents caused to issue a notice to the appellant under the provisions in section 106 of the Transfer of Property Act, 1882 (in short, the T.P. Act) terminating the tenancy. Since the appellant did not vacate the premises even thereafter, the suit was filed.

(2.) The appellant resisted the suit mainly contending that he is not liable to be evicted because the respondents refused to receive rent paid by the appellant. There is no dispute regarding the fact that the respondents are the owners of the building and the appellant company is a tenant under them. Sufficiency of notice is also challenged.

(3.) The trial court, after considering the facts and evidence, decreed the suit, directing the appellant to vacate the premises. The appellant was also directed to pay arrears of rent for a certain period. Aggrieved by the findings, the appellant approached the lower appellate court. Learned District Judge also agreed with the trial court and dismissed the appeal, confirming the decree for eviction.