The courts below have concurrently decreed the suit for eviction. It has been uniformly found that the lease is validly terminated under Section 106 of the Transfer of Property Act. The lease by the plaintiff in favour of the defendant is evidenced by Ext. A1 rent deed. The fact that the defendant occupied the premises earlier pursuant to an oral permission is not material. The permissive occupation was substituted by rental arrangement evidenced by Ext. A1 rent deed. The courts below have also found that the defendant has trespassed into the adjacent room even though the leasehold was three rooms. The finding of the courts below are rested on evidence and calls for no interference.
2. There is no question of law much less any substantial question of law in this regular second appeal. I however grant time to the the defendant to vacate the premises subject to the following conditions:-
i) The defendant shall clear the arrears of rent if any on or before 15.12.2014.
R.S.A. No. 1188 of 2014 2
ii) The defendant shall continue to pay damages for use and occupation at the same rate.
iii) The defendant shall file an affidavit undertaking to vacate the premises unconditionally.
iv) The affidavit of undertaking shall be filed in the execution court on or before 15.12.2014.
v) The defendant is granted time till 31.05.2015 to vacate the premises on compliance of the conditions above.
vi) The defendant will lose the benefit of this judgment if any one of the above conditions are violated.
The Regular Second Appeal is dismissed subject to the above reservation.
DCS Sd/-
V.CHITAMBARESH JUDGE /true copy/ P.A. to Judge The time granted to clear the arrears of rent and to file the affidavit of undertaking as granted in clause (i) and (iv) of paragraph 2 of the judgment dated 25.11.2014 in R.S.A. No. 1188/2014 is extended till 19.01.2015, vide order dated 09.01.2015 in I.A. No. 33/2015 in R.S.A. No. 1188/2014.
sd/- Registrar (Judicial)