DHAN KUMAR JAIN Vs. MAHASUKH MANGNI LAL

JUDGEMENT

(1.) THIS appeal under Sec. 100 of the Code of Civil Procedure by the defendant/appellants is against the judgment of affirmance. Plaintiff/respondent's suit for decree for eviction of the defendants from the suit premises and for delivery of possession was decreed by the Additional Munsif, Hazaribagh in Title Suit No. 1993/1969 and the same was affirmed by the Additional District Judge, Hazaribagh in Title Appeal No. 14/77 in terms of judgment and decree dated 25.1.1977.

(2.) PLAINTIFF 's case inter alia was that plaintiff is owner of Khapra posh house and land bearing plot No. 944 Municipal Holding No. 340 Ward No. VII of Haharibagh Municipality. Southern block of the said house was let out by the plaintiff to the defendants on monthly rent of Rs. 30.00 per month. The southern block consists of 4 rooms plus kitchen and latrine and was held and possessed by the plaintiff. It was alleged that since October, 1966, the defendant did not pay rent and became defaulter and made himself liable for eviction under the provisions of Sec. 11(i)(d) of the Bihar Building Lease, Rent & Eviction) Control Act, 1947. After serving legal notice by the plaintiff the aforesaid suit was filed.

(3.) THE Trial Court decreed the suit deciding all the issues in favour of the plaintiff and being aggrieved by the said judgment and decree, defendants preferred Title Appeal No. 14/77 which was finally heard by Additional District Judge, Hazaribagh who affirmed the decree passed by the trial court and decreed the suit. The defendants then preferred Second Appeal No. 72/78R which was heard by this Court and the same was allowed and the matter was remanded back to the court of appeal below for giving a fresh decision.