Arrears of rent finding set aside where eviction rested on no evidence and contrary defence evidence of payment.

A finding of arrears of rent can be interfered with under Article 136 where it is based on no evidence or is contrary to the totality of the record. Here, the landlords produced no witness with personal knowledge and no documentary proof, while the tenant's evidence of payment was consistent and corroborated by the accountant and a neighbour. The rejection of that defence evidence rested on an erroneous reading of the record, making the conclusion of arrears irrational and unsupported. The decree for eviction under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, was therefore unsustainable and was set aside.

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Issues: Whether the finding of arrears of rent, and the consequential decree for eviction under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, could be sustained when the plaintiffs adduced no reliable evidence and the defence evidence showed payment of rent.

Analysis: The finding that rent for May and June 1974 remained unpaid was treated as a finding of fact, but interference was held justified under Article 136 where such finding is based on no evidence or is contrary to the totality of evidence. The plaintiffs' case was unsupported by any witness having personal knowledge, and no documentary evidence was produced. In contrast, the defence evidence was clear and consistent that the rent had been paid, with the testimony of the tenant corroborated by the accountant and a neighbour. The rejection of this evidence by the courts below was found to rest on an erroneous reading of the record, and the conclusion of arrears was held to be irrational and unsupported by evidence.

Conclusion: The finding of arrears and the eviction decree were unsustainable and were set aside; the appeal was allowed in favour of the appellants.

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