Eviction is warranted when tenancy and rent default are established by evidence.

The plaintiff-landlord sued for eviction and recovery of rent arrears, asserting that the defendant occupied the premises as a tenant under an unregistered rent-cum-lease arrangement and had defaulted in payment.

The defendant admitted the tenancy arrangement but denied default.

The trial court decreed the suit, finding the plaintiff to be the owner and the defendant to be a tenant in arrears.

The defendant appealed, contending, among other things, that the suit schedule premises varied from the premises supported by her documents.

The High Court considered the plaintiff’s khata records and lease or rent agreements, as well as the defendant’s admissions in evidence.

1. Whether the trial court’s decree directing the defendant to vacate and hand over the suit premises required appellate interference.

2. Whether the evidence supported the findings that the plaintiff was the owner, the defendant was the tenant, and the defendant had defaulted in paying rent.

The appeal was brought under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure.

The trial court had framed an issue concerning termination of the tenancy by notice under Section 106 of the Transfer of Property Act.

The High Court’s stated basis for decision was the evidence on record, including the plaintiff’s ownership documents, the lease and rent agreements, and the defendant’s admissions regarding the tenancy and periods of non-payment; it cited no precedent.

The High Court found that the khata certificate and extract supported the plaintiff’s ownership, while the lease and rent agreements established the defendant’s tenancy.

It further relied on the defendant’s admissions concerning the email correspondence, renewal of the lease upon prompt rent payment, and periods when rent was not paid.

On that evidence, the Court upheld the trial court’s findings and concluded that the decree disclosed no perversity warranting appellate interference.

It directed the defendant to vacate and deliver possession within six months, to pay rent regularly during that period, and to file an undertaking affidavit within three weeks.

In the event of a rent default, the plaintiff may execute the decree.