- (1.) The first appeal has been preferred by the plaintiff-appellant against the judgment and decree made in Title Suit No. 16/15 of 1975/1976 by the 1st Additional Subordinate Judge, Dhanbad.
(2.) There is one pacca building having five rooms, servant rooms etc as described in the schedule of the plaint in plot No. 198 of Mauza Patherdih being Mauza No. 162 under Khata No. 52. The plaintiff filed a title suit for a decree for eviction of the defendant from the aforesaid premise and also for arrears of rent from 17.10.1971 to date and pendent lite. The case of the plaintiff is that by a registered deed of sale (Ext-4) dated 19.3.1964 he had purchased 33 dismals of land in plot No. 198 of Mauza Patherdih being Mauza No. 162 under Khata No. 52 from Shri Hazarilal Shahu for a valuable consideration thereafter he constructed one pacca house consisting of five rooms etc over that for which Jharia Water Board had sanctioned water supply. After the construction of the building the plaintiff let out the same to different persons and lastly to the Manager of M/s. New Sudamdih Colliery (P) Ltd who occupied the same for residential purposes. The said M/s. New Sudamdih Colliery (P) Ltd had no building of its own for providing residence to the Manager of the said colliery. Thereafter on 17.10.1971, the Government of India by a notification in the Official Gazette took over the Management of all coking coal mines including the said New Sudamdih Colliery and with the consent of the plaintiff the Manager of the New Sudamdih Colliery was allowed to continue as a tenant under the plaintiff on a monthly rent of Rs. 344/- on and from the date of taking over the aforesaid Coking Coal. The monthly rental was agreed between the defendant No. 1, BCCL represented by defendant Nos. 2 and 3 Sri S.K. Chatterjee, the Manager of Tasra Colliery and plaintiff. According to the plaintiff the defendant No. 3 who was serving under defendant No. 1 occupied the said building on the aforesaid rental even after taking over. Thereafter he neglected to pay the rent from the date of taking over till 31.10.1974, consequently Rs. 11,868/- became arrears payable by defendant to the plaintiff as house rent. Plaintiff thereafter requested the defendant to vacate the house for his own use and occupation and especially for the purposes of business at Patherdih. The plaintiff also served a notice upon the defendant-respondent on 23.09.1974 requesting him to quit, vacate and pay the arrears and by the said notice the tenancy was determined w.e.f. 31st October' 1974. The defendant-respondents neither made payment of the rent nor did they vacate, consequently they are defaulters and liable to pay the arrears of rent.
(3.) The defendant BBCL appeared and contested the suit filing a written statement in which it denied the relationship of landlord and tenant. The claim of tenancy and fixation of rent and set out a case that the suit premises formed a part of New Sudamdih Colliery which became nationalized and the said building is integral part of the Mines and also have vested as such the building now belongs to the defendant BCCL.;