- (1.) THIS appeal is by the defendants -appellants - appellants against the judgment and decree of affirmance passed by the Additional District Judge VIII, Dhanbad, dismissing the appellants ' appeal.
(2.) THE respondent -plaintiff filed the suit praying reliefs for eviction and realization of arrears of rent and damages on the ground that defendant is the lessee and he has violated the terms of the lease making himself liable for forfeiture of the tenancy. The defendant contested the suit stating that the lease was created by terms of the compromise decree passed in Title Suit No.237 of 1953 comprising express conditions. The defendant has not disputed the terms of the lease and relationship of lessor and lessee. According to the defendant, he had been regularly paying rent to the plaintiff but the same were not accepted by the plaintiff. The defendant thus contended that he has not defaulted in payment of rent, rather the officers of the plaintiff -company went on refusing to accept the rent. Other grounds were also taken by the defendant. The suit was mainly based on the point of violation of the terms of the tenancy and consequent determination of the tenancy by forfeiture. Both the parties led their evidences. Learned trial Court on consideration of the evidences, both oral and documentary, came to the findings that the defendants defaulted in payment of rent and violated the terms of the lease agreement and made themselves liable for forfeiture of the tenancy. Learned trial Court thus decreed the suit.
(3.) DEFENDANT preferred regular appeal being Title Appeal No. 2 of 1976 which after hearing the parties was dismissed on merit. Then he preferred ond appeal, registered as Second Appeal No. 2 of 1980{R). The second appeal was allowed and the case was remanded to the lower appellate Court, for hearing and consideration of all directing to consider the exhibited documents including the exhibits not earlier considered by the lower appellate Court in its judgment. On remand, the title appeal was heard afresh and decided by the impugned judgment and decree. While the title appeal was pending in the lower appellate Court the plaintiff -respondent filed an application praying for taking into considering the subsequent event of the expiry of the lease period. The plaintiff was allowed to incorporate the said ground by way of amendment in the plaint.;