D.N.UPADHYAY, J. - (1.) HEARD learned counsel for the parties.
(2.) PRESENT Second Appeal has been preferred against Judgment and Decree passed by District Judge, Simdega in Title Appeal No. 01 of 2011 whereby the Judgment and Decree passed by Munsif, Simdega in Eviction Suit No. 13 of 2008 has been affirmed and the appeal stood dismissed. The appellant was defendant no. 2 in the original Eviction Suit No. 13 of 2008 whereas respondent no. 1 was the plaintiff and the respondent no.2 original tenant was defendant no. 1. It is contended in the plaint that disputed shop is part and parcel of Simdega Club Complex constructed on Plot No. 699, Khata No. 108, Village Saldega, P.S. - Simdega, District Simdega, area measuring 2.42 Acres. The suit was filed through the Secretary of Simdega Club Complex for evicting the defendants on the ground that initially suit premises (shop no. 8) was given to defendant no. 1 on monthly rent of Rs.700/ - per month on the basis of an agreement but it was sub -let to defendant no. 2 (appellant). The defendant no. 1 had deposited Rs.55,000/ - in advance with the plaintiff and agreed that a sum of Rs.500/ - per month shall be adjusted from the said advance amount in 90 months to the tune of Rs.45,000/ - and he will pay balance rent of Rs.200/ - per month for the said period. It was also agreed that balance sum of Rs.10,000/ - shall be remained with the plaintiff and it will be treated as security money and shall be adjusted at the time of vacating the premises i.e. after delivery of possession to the landlord in good tenable condition. The tenancy commenced from 01.01.2001 when the defendant acquired the possession of said shop premises. 2 S.A. No. 194 OF 2013
(3.) THE further case of the plaintiff is that the defendant no. 1 paid the agreed amount of Rs.200/ - per month as rent up to December, 2005 and thereafter he had stopped making payment of rent from the month of January, 2006. As per the agreement, the defendant no. 1 was supposed to pay Rs.200/ - per month till completion of 90 months from the date of commencement of the tenancy and thereafter he had to pay Rs.700/ - per month as rent. Since the defendant had failed to pay the rent from the month of January, 2006 to June, 2008 at the rate of Rs.200/ - per month and Rs.700/ - per month for July and August, 2008, a total sum of Rs.7,400/ - has become due and in this way the defendant no. 1 became defaulter. The second ground for evicting the defendants in the plaint was that defendant no. 1 had sublet the suit premises to defendant no. 2 which was not permitted as per the agreement and, therefore, suit was filed on the ground of default in payment of rent as indicated above and also on account of subletting the suit premises violating the terms and conditions of the agreement. ;