- (1.) HEARD learned counsel for the parties.
(2.) BOTH the courts below have concurrently held that notice determining the lease under Section 106 of the Transfer of Property Act, 1882, (for brevity, hereinafter referred to as 'Act of 1882') was duly served in accordance with law and, therefore, upon termination of the lease, the defendant was liable to handover the vacant and peaceful possession of the suit shop belonging to the plaintiff- Trust under Section 106 of the Act of 1882. Learned counsel for the appellant-defendant (tenant), Mr. K.C. Samdaria, urged that notice was not addressed to the defendant and the acknowledgment receipt of the said notice was not signed by the defendant-himself and, therefore, the notice was not properly served. Having heard learned counsel for the appellant- defendant at length and upon perusal of the impugned judgment and decree, this Court is of the opinion that the findings of fact arrived by the courts below about the proper service of the notice determining the lease u/s 106 of the Act of 1882 is finding of fact, and from the documents, it does not appear to be perverse finding of fact. There is no substantial question of law arising in the present second appeal and, therefore, the present second appeal filed by the appellant- tenant deserves to be dismissed. Consequently, the present second appeal is found to be devoid of any merit and the same is hereby dismissed. No costs. The appellant-defendant shall hand over the peaceful and vacant possession of the suit shop to the respondent-Trust within a period of six months from today and shall pay mesne profit @ Rs.1000/- per month commencing from July, 2012 and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondent also and in case there is any default in payment of mesne profit, the period of six months for eviction shall stand reduced and the decree of eviction would become executable forthwith. The tenant shall also not sub- let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period and the same would be treated as void. The appellant-defendant shall furnish a written undertaking incorporating the aforesaid conditions in the trial court within one month and one copy thereof along with affidavit, in this Court. It is made clear that if the peaceful and vacant possession of the suit shop is not handed over to the respondent-landlord within a period of six months from today, besides execution of the decree in normal course, the respondent-plaintiff shall also be entitled to invoke contempt jurisdiction of this Court. ;