RAJESH KUMAR Vs. SANJAY KUMAR AGARWAL

JUDGEMENT

(1.) The appellant/defendant has preferred this Second Appeal against the concurrent findings of fact by the trial court and the first appellate court holding the tenant (i.e. appellant herein) is liable to be evicted from the suit premises under Sec. 11 (i)(1c) and (f) of the Bihar (Rent Control and Eviction) Act, 1982 now Jharkhand Building Control Act.

(2.) Brief facts of the case is that the plaintiff instituted the suit claiming himself to be the owner/landlord of the suit premises. It is stated that the suit premises was let out to the defendant/ tenant (appellant in the present appeal) on a monthly rental of Rs. 2,700.00for a period of 5 years on the basis of the rent agreement dated 1.7.200 It is averred that the defendant/tenant had defaulted in payment of rent. That the plaintiff required the suit property for his own need. It is stated that the period of tenancy had expired in 2007 and default in payment of rent took place in 2007.

(3.) The defendant/appellant resisted the claim and alleged that the plaintiff had taken an advance of Rs. 36,000.00, therefore the question of default in payment of rent did not arise. The defendant claimed that the plaintiff had various other similarly situated space which were lying unutilised by the plaintiff hence the requirement of suit premises for personal use was frivolous. It is denied that the lease period has expired.