Renewal of a lease is not a matter of right but a contractual privilege that operates only upon strict satisfaction of the stipulated conditions; absent mandatory notice and absence of a fresh lease deed on mutual terms, the tenant acquires no right to continue, and an eviction decree concurrently affirmed by both lower courts does not give rise to any substantial question of law for consideration in second appeal.

advocatemmmohan

1. A renewal clause in a lease deed does not result in automatic renewal; such renewal is contingent upon strict fulfilment of the conditions stipulated therein, including issuance of prior notice by the lessee and execution of a fresh lease deed on mutual terms and conditions.
   Under Clause 4 of Ex.A-1, renewal required (i) a three-month prior notice by the lessee expressing desire to renew, and (ii) execution of a fresh lease deed on mutually agreed terms. As the appellant failed to prove issuance of the mandatory prior notice and no fresh deed was executed, renewal did not take effect.

2. Where the lessee fails to prove compliance with conditions precedent for renewal, continuation in possession after expiry of the original lease term constitutes unauthorized occupation, entitling the lessor to eviction.
   The lease expired on 01.09.2017 by efflux of time and the appellant remained in possession without legal right; thus, eviction was justified.

3. Concurrent findings of fact recorded by the trial court and the first appellate court cannot be interfered with in a second appeal unless a substantial question of law arises as mandated under Section 100 CPC.
   When appreciation of evidence and construction of documents do not raise any open, doubtful, or unsettled question of law, the High Court lacks jurisdiction to reassess the factual conclusions.

4. Failure of the appellant to demonstrate existence of any substantial question of law requires dismissal of the second appeal at the admission stage.
   The alleged questions did not amount even to pure questions of law, much less substantial questions; therefore, no ground existed for invoking Section 100 CPC jurisdiction.

Central Legal Principle Emerging

Renewal of a lease is not a matter of right but a contractual privilege that operates only upon strict satisfaction of the stipulated conditions; absent mandatory notice and absence of a fresh lease deed on mutual terms, the tenant acquires no right to continue, and an eviction decree concurrently affirmed by both lower courts does not give rise to any substantial question of law for consideration in second appeal.