- (1.) The instant first appeal arises from Title (Eviction) Suit No. 5 of 1992/2 of 2002 passed by Shri Ashok Kumar Pathak, Sub Judge VII, Ranchi decreeing the suit vide judgment dated 29th July, 2003 and decree dated 12th August, 2003.
(2.) Senior Advocate Mr. P. K. Prasad assisted by Mr. Rahul Gupta and Mr. Ayush Aditya, appears on behalf of the appellant and Senior Advocate Mr. V. Shivnath assisted by Mr. Amar Kumar Sinha and Sidharth Ranjan Advocate, on behalf of the respondents.
(3.) The original plaintiff Late Pramod Bihari Lall instituted the eviction suit on the ground that the suit premises was given on rent to the defendant-Yamunadas Sarda on an agreement dated 24th October, 1986 at the rate of Rs. 10,000/-. The plaintiff's case is that the tenant was inducted on a lease deed only for one month. The tenanted premises which was a shop room was not vacated after expiry of the lease period of one month. The tenant continued to pay rent at the rate of Rs. 10,000/- per month till 1st October, 1987 and thereafter stopped payment of rent. The plaintiff's case is that the tenant is a defaulter and, therefore, rendered himself liable for eviction under section 11 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter to be referred as "the Act"). The suit was instituted also on the ground of bonafide personal need for his own use and occupation and that the tenant defendant has caused material damage to the suit premises. The assertion in the plaint was that the rent for the period from October, 1987 till November, 1987 was barred and, therefore, he claimed rent with effect from December, 1989 at the rate of Rs. 10,000/- per month amounting to Rs. 3,60,000/-. The plaintiff further alleges that he effected service of notice demanding vacant possession of the suit premises. The defendant neither paid arrears of rent nor vacated the suit premises but contested the suit by filing a written statement. ;