Dhrub Narayan Upadhyay, J. - (1.) THIS Second Appeal has been preferred against the Judgment dated 23.04.2012, Decree dated 03.05.2012, passed and signed by the Principal District Judge, Jamshedpur in connection with Eviction Appeal No. 14 of 2010 whereby the Judgment dated 26.03.2010 and Decree dated 03.04.2010, passed and signed by learned Sub Judge - VI, Jamshedpur in connection with Title Eviction Suit No. 5 of 1997 has been upheld. The appellants were defendants in the Trial Court whereas the respondent was the plaintiff.
(2.) IT appears from the plaint that the plaintiff being owner of house bearing holding No. 517 -A, Kasidih Shop Area, Straight Mile Road, P.S. - Sakchi, Jamshedpur brought a Suit for evicting defendants from the suit premises described in Schedule -A, B, C and D of the plaint on the ground of willful default in making payment of rent from the month of March, 1994 and they have also altered the structure without consent of plaintiff. The defendants failed to make payment of rent from the month of March, 1994 till February, 1997 and, therefore, the plaintiff prayed: (a) For a decree for Khas possession of the Schedule - A, B, C and D premises after evicting the defendants therefrom; (b) For a decree for arrears of rent at the rate of Rs. 225/ -, Rs. 425/ -, Rs. 625/ - and Rs. 825/ - for the respective schedule A, B, C and D premises for a period of 36 months from April, 1994 to March, 1997 amounting to Rs. 75,600/ -; (c) For cost of suit; (d) For any other relief(s) for which the plaintiff is entitled under the law. It is contended by the plaintiff that he has acquired the suit property by inheritance and also on the basis of Deed of disclaim executed by other co -sharers in favour of the plaintiff. During pendency of other suit before the Trial Court, the suit property has been transferred and recorded in the name of plaintiff in the record of original lessee - M/s. Tata Steel, Jamshedpur. The plaintiff has brought more facts by making amendment in the plaint and those facts are that the suit property was initially acquired by Seikh Safdar Ali, son of Seikh Chulihan. Seikh Chulihan was having one brother named as Seikh Imaman. Seikh Imaman was having two sons namely Seikh Hashmi and Seikh Inayat Ali. Seikh Safdar Ali was having two wives from whom he was having three sons and one daughter. Abdul Rauf, father of the plaintiff was son of Seikh Safdar Ali, born through his second wife Most. Wasihan. The plaintiff brought further facts that the litigation with regard to properties left by Safdar Ali had cropped up and Title Suit No. 26/1947 was instituted by and between the parties descendants of Chulihan. The litigation went up to the Supreme Court. The Deed of Gift dated 01.12.1928 executed by Safdar Ali and the Deed of Waqf dated 01.09.1921 in respect of properties left by Safdar Ali and Deed of Agreement dated 02.11.1937 have been declared invalid and not binding on the plaintiff. Later the matter was settled between the descendents of Seikh Safdar Ali and finally the suit property has fallen in the share of plaintiff and he became the absolute owner of the same.
(3.) IT is further averred that Monazarul Haque, father of the defendants was inducted as a monthly tenant by Abdul Rauf, father of the plaintiff with respect to four different rooms standing under a big hall on the middle portion of the suit building on monthly rent at different rates for each of the rooms and at the time of filing of the suit monthly rent for the respective four rooms was Rs. 200/ -, Rs. 600/ - and Rs. 800/ - besides Rs. 25/ - for each room towards Municipal charges. After death of Monazarul Haque which occurred sometimes in the year 1995, the defendants 1 to 4 as sons and defendant No. 5 as unmarried daughter have become tenant under the plaintiff on the same terms and conditions as it was with said Monazarul Haque. The Rent for the tenanted premises has to be paid according to English Calender month and monthly rent was payable by the last day of the following months. Since the defendants have stopped making payment of rent from the month of March, 1994 and no rent was paid till March, 1997, the plaintiff has left with no option but to file suit for eviction against the defendants.;