DHARAM NARAYAN Vs. DIGVIJAY SINGH

JUDGEMENT

(1.) THIS first appeal has been filed by the Defendant - tenant aggrieved by the findings of eviction on the ground of default in payment of rent.

(2.) THE learned Counsel for the Appellant submitted that the relationship of landlord and tenant between the son of landlord, namely, Sh. Digvijay Singh and him were not established and he referred to Ex.A/1 written by the father of Digvijay Singh, namely Sh.Chandraveer Singh in which he stated that the rent for the shop in question may not be paid to anybody else and upon his return from the village Bijolia, he may be paid the said rent, therefore, he submitted that the Plaintiff Digvijay Singh S/o Chandraveer Singh could not file the suit for possession after terminating the tenancy under Section 106 of the Transfer of Property Act.

(3.) HAVING heard the learned Counsel, this Court is of the opinion that upon appreciation of evidence, the learned Court below has rightly come to the conclusion that the lease was determined and terminated according to law as per the provisions of Section 106 of the Transfer of Property Act and the Defendant Appellant was liable to handover the vacant possession of the shop in question and was also liable to pay arrears of rent and mesne profit. No proof of payment of rent even to father Chandraveer Singh has been adduced before the learned trial Court. Therefore, the decree of eviction has been rightly passed.