Termination of tenancy and unpaid rent support possession and damages, while unsupported future mesne profits and costs were denied.

A tenant remaining in occupation after valid termination of a fixed-term lease and failing to prove payment of rent was held liable for rent arrears, vacant possession, damages, GST and interest. The court treated the termination notice as duly served and rejected the objection based on the unregistered lease agreement, holding that it did not by itself defeat relief where tenancy and default were otherwise proved. The claim for future mesne profits at the stated rate was rejected for lack of basis, and costs and further relief were also declined. The suit was otherwise decreed for possession and monetary reliefs.

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Issues: (i) Whether the plaintiff was entitled to vacant possession and rent arrears on the basis of the lease agreement and termination notice; (ii) Whether the defendant was liable to pay damages, GST, future interest and mesne profits for continued occupation after termination; (iii) Whether costs and any further reliefs were payable.

Issue (i): Whether the plaintiff was entitled to vacant possession and rent arrears on the basis of the lease agreement and termination notice.

Analysis: The lease was for a fixed term commencing on 07.03.2019 and ending on 07.03.2025. The defendant admitted default in payment of rent from August 2021, and there was no reliable material to establish payment of arrears. The termination notice was held to have been duly served, and the defendant's challenge to the claim of arrears was rejected. The objection based on the unregistered agreement was not accepted as barring relief on the facts proved.

Conclusion: The issue was answered in favour of the plaintiff.

Issue (ii): Whether the defendant was liable to pay damages, GST, future interest and mesne profits for continued occupation after termination.

Analysis: After termination of the tenancy, the defendant continued in occupation and carried on business without clearing arrears or handing over possession. The continued occupation was treated as unlawful, justifying liability for arrears, damages, GST and interest. The claim for future mesne profits at the specified monthly rate was, however, found to have no basis and was rejected.

Conclusion: The issue was answered in favour of the plaintiff, except that the claim for future mesne profits was rejected.

Issue (iii): Whether costs and any further reliefs were payable.

Analysis: In view of the partial rejection of the claim and the overall circumstances, the Court declined to grant costs and held that no further relief was warranted.

Conclusion: The issue was answered against the plaintiff as to costs and further reliefs.

Final Conclusion: The suit was decreed with directions for delivery of vacant possession and payment of arrears, damages, GST and interest, but the claim for future mesne profits and costs was declined.

Ratio Decidendi: A tenant who remains in occupation after valid termination of tenancy and fails to prove payment of rent is liable for arrears and damages for unlawful occupation, while an unregistered lease objection does not by itself defeat such relief where the tenancy and default are otherwise proved.

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