Transfer of Property Act, 1882–Sec. 106–Eviction–Decree of–Plea of the appellant that the Court below wrongly concluded that the tenancy was on per month basis and there were no pleadings qua the rent-note–Rent note was taken on record vide the application under Order 7, Rule 14(3) with the condition that the defendant would be entitled to file the amended written statement to rebut the same–Issue qua the rent note was also framed–Fatum of tenancy has not been denied by the defendant–Further, it is nowhere case of the defendant that the rent note does not bear his signatures–Execution of rent-note has been proved–Held, no case is made out in the findings recorded on the issue no. 5.
