Delivery of vacant possession renders the eviction challenge infructuous; rent arrears remain for adjudication by the executing court.

The respondents-plaintiffs obtained a decree for ejectment and arrears of rent against the appellant-tenant in O.S. No. 25901/2022.

The appellant’s written statement was struck off for non-payment of rent, and the Trial Court directed him to deliver vacant possession and pay rent from 1 December 2019 at ₹39,000 per month, with 6% annual interest.

The appellant appealed under Section 96 CPC.

During the appeal, he handed over vacant possession on 17 March 2025, a fact acknowledged by the respondents.

The dispute over arrears was pending before the Executing Court in Ex.P. No. 25162/2025.

Whether the challenge to the ejectment decree remained for consideration after the appellant handed over vacant possession of the premises

Whether the dispute concerning arrears of rent should be adjudicated in the appeal or before the Executing Court

The appeal was brought under Section 96 of the Code of Civil Procedure, 1908.

The Court applied the principle that a challenge to ejectment does not survive for consideration when the tenant has already handed over vacant possession.

It directed that the parties’ dispute concerning the amount of arrears be adjudicated by the Executing Court after both sides receive sufficient and reasonable opportunity to be heard.

Since the appellant had delivered vacant possession on 17 March 2025 and the respondents acknowledged receipt, the ejectment challenge had become infructuous.

The Court expressed no view on the disputed arrears and instead left that issue for adjudication in the pending execution proceeding, directing the Executing Court to hear both parties and decide it within three months of receiving the order.

The ejectment portion of the decree no longer survived for consideration, while the parties were directed to pursue the arrears dispute before the Executing Court in Ex.P. No. 25162/2025.

Both sides were to appear there on 9 October 2026, and all contentions concerning arrears were kept open.

The Court also directed that the entire appeal court fee be refunded to the appellant upon proper identification.