A plea of continuation of tenancy under an oral agreement, after expiry of a written lease, must be specifically pleaded and proved by cogent evidence; in the absence of such proof, the plea is liable to be rejected.

advocatemmmohan

Second Appeal – Section 100 CPC – Scope and limitations

Paras 13, 14, 20, 21, 22

A second appeal under Section 100 of the Code of Civil Procedure is maintainable only when a substantial question of law arises. The High Court cannot re-appreciate evidence or substitute its own conclusions for concurrent findings of fact unless such findings are shown to be contrary to mandatory provisions of law, binding precedent, or based on no evidence or inadmissible evidence.

---

Concurrent findings of fact – Interference – Impermissible

Paras 15, 20, 21

Where both the Trial Court and the First Appellate Court have recorded concurrent findings of fact on proper appreciation of oral and documentary evidence, such findings do not warrant interference in second appeal.

---

Lease – Expiry of fixed term – Status of lessee

Paras 16, 19

On expiry of a fixed-term lease, in the absence of a fresh lease deed, the erstwhile tenant continuing in possession is a tenant at sufferance, akin to a trespasser, having no independent right to continue in possession.

---

Oral lease – Pleading and proof – Burden on tenant

Paras 17, 18

A plea of continuation of tenancy under an oral agreement, after expiry of a written lease, must be specifically pleaded and proved by cogent evidence; in the absence of such proof, the plea is liable to be rejected.

---

Eviction – Notice after expiry of lease – Validity

Paras 18, 19

Issuance of a legal notice demanding eviction after expiry of the lease period is sufficient to determine the status of the tenant, and continued possession thereafter is unauthorized.

---

Damages for use and occupation – Liability after lease expiry

Paras 4, 19, 23

After expiry of lease, the occupant is liable to pay damages for use and occupation at the rate determined by the Court until delivery of vacant possession.

---

Second appeal – No substantial question of law – Dismissal at admission stage

Paras 22, 23

Where no substantial question of law arises, a second appeal is liable to be dismissed at the stage of admission itself.

---

ANALYSIS

1. Nature of the Dispute

The suit was one for eviction and damages after expiry of a fixed-term lease. The tenant admitted:

• Existence of a registered lease deed,

• Expiry of lease in August 2005,

• Absence of any fresh written lease thereafter.

---

2. Findings of the Courts Below

Both the Trial Court and the First Appellate Court concurrently held:

• Lease stood terminated by efflux of time,

• No proof of oral renewal or continuation of tenancy,

• Defendant was in unauthorized occupation,

• Plaintiff was entitled to eviction and damages.

---

3. Plea of Oral Agreement

The High Court noted:

• No documentary or reliable oral evidence was produced,

• Even defence witnesses admitted expiry of lease,

• Mere assertion of oral agreement was insufficient (Paras 17–18).

---

4. Status after Lease Expiry

The Court reiterated settled law that:

• An erstwhile tenant remaining in possession after expiry of lease is a tenant at sufferance,

• Such possession is tolerated by law only until eviction through due process (Para 19).

---

5. Scope of Section 100 CPC

The judgment strongly reinforces:

• Second appeal is not a third round of factual adjudication,

• High Court cannot reassess evidence or draw alternate factual inferences,

• Concurrent findings are binding unless vitiated by legal error (Paras 13, 20–22).

---

6. Absence of Substantial Question of Law

The Court found that:

• Grounds raised were purely factual,

• No unsettled or debatable legal issue arose,

• Appeal was devoid of merit and dismissed at admission stage (Paras 22–23).

---

RATIO DECIDENDI

In a second appeal under Section 100 CPC, the High Court cannot interfere with concurrent findings of fact relating to eviction and damages after expiry of a fixed-term lease, in the absence of any substantial question of law; an erstwhile lessee continuing in possession without a fresh lease is a tenant at sufferance liable to eviction and payment of damages for use and occupation.