- (1.) This writ petition has been filed against the order dated 30.3.2009 passed by Munsif 1st, Dhanbad in Title (Eviction) Suit No. 28 of 2001 rejecting the petition filed on behalf of the petitioner for framing issue of limitation.
(2.) It is submitted by Mr. Shivnath that as the tenancy was determined in the year 1982, the eviction suit was barred by limitation.
(3.) After hearing the parties, the learned court below has rightly held as follows:- "Heard both sides and also meticulously perused the record. The fact of determination of tenancy has not been taken any where in the W/S. Again it is the specific case of the plaintiff that the defendant has not paid rent since 1997 and this fact has not been traversed by the defendant specifically. Further even after determination of tenancy it is specific and clear cut case of the plaintiff that defendant paid rent till 1997 and as such Article 67 does not apply in the present case as the defendant after 1982 became a month to month tenant. Thus having above in view I do not find any merit in the petition of the defendant dt. 23.2.09 and as such the same is hereby rejected.";