Eviction – Default in Payment of Rent – Concurrent Findings
Where both the trial Court and the first appellate Court, upon appreciation of evidence, record concurrent findings that the tenant has committed default in payment of rents, such findings of fact do not warrant interference in second appeal. (Para 2)
Section 106 Transfer of Property Act – Plea – Cannot Be Raised for First Time
A plea regarding non-compliance with Section 106(1) of the Transfer of Property Act, relating to requirement of notice, cannot be raised for the first time in second appeal when no such plea was taken in the written statement and no issue was framed by the trial Court. (Para 3)
Nature of Business – Manufacturing – Applicability of Section 106 TPA
For attracting the requirement of six months’ notice under Section 106(1) of the Transfer of Property Act, the lease must relate to manufacturing purpose. Where the tenant is carrying on auto repair business, the same does not constitute manufacturing activity, and the extended notice requirement is not applicable. (Para 4)
Second Appeal – Absence of Substantial Question of Law
In the absence of any substantial question of law and where no legal infirmity is found in the concurrent findings of the Courts below, the second appeal is liable to be dismissed at the stage of admission. (Para 4)
Grant of Time for Vacating Premises
While dismissing the second appeal, the Court granted time of three months to the tenant to vacate the premises, failing which the landlord is at liberty to initiate execution proceedings. (Para 5)
Result
Second Appeal dismissed at admission stage. No order as to costs. Pending interlocutory applications, if any, stand closed. (Para 5)
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