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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ARUL MURUGAN, J
P.Ramachandran – Appellant
Versus
A.Azan Mohammed Rowther – Respondent
| Table of Content |
|---|
| 1. default in rent payment and ownership established. (Para 3 , 4 , 11 , 12) |
| 2. eviction suit granted based on evidence. (Para 6 , 15) |
| 3. defendant claims eviction procedure invalid but lacks pleadings. (Para 8 , 9) |
| 4. notice under section 106 valid for non-agricultural tenancy. (Para 13 , 14) |
| 5. court dismisses appeal; eviction order upheld. (Para 16 , 17) |
JUDGMENT :
(G. ARUL MURUGAN, J.)
This Second Appeal has been filed challenging the judgment and decree, dated 17.12.2024 in A.S.No.28 of 2016 on the file of the Additional Subordinate Court, Pudukottai confirming the judgment and decree made in O.S.No.49 of 2011, dated 07.04.2016 on the file of the District Munsif Court, Pudukottai.
2.The defendant in the suit is before this Court on appeal. The parties are referred as per their status before the trial Court.
3. According to the plaintiff, he is the absolute owner of the suit schedule property having been purchased on 07.06.2006 in Ex-A1 and thereafter, had let out the suit property to the defendant for rent on 01.12.2007. A rental agreement in Ex-A3 was executed, whereby, an advance of Rs.40,000/- was fixed and a monthly rent of Rs.1,500/- was fixed for the suit property
The validity of an eviction notice under Section 106 of the Transfer of Property Act is upheld when the tenant fails to pay rent, confirming the jurisdiction of civil courts to hear eviction cases.
Landlord-tenant relationship established as a lease under the Transfer of Property Act; valid termination notice suffices for recovery of possession, regardless of alleged arrears.
A notice is essential for terminating tenancy under Section 106 of the Transfer of Property Act, and default in rent payment is irrelevant if the Rent Control Act does not apply.
The mandatory requirements of Section 106 of the Transfer of Property Act must be complied with for the termination of tenancy.
A suit for eviction under general law serves as adequate notice under the Transfer of Property Act, thus fulfilling statutory requirements for eviction and addressing issues of maintainability despit....
The High Court, in a second appeal under Section 100, cannot re-evaluate evidence, focusing only on substantial legal questions and confirming lower court findings unless proven erroneous.
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