AMITAV K.GUPTA, J. - (1.) The present second appeal is directed against the judgment dated 31.03.2015, in Title Appeal No.14 of 2011, passed by the District Judge - XVIII, Ranchi affirming the judgment and decree of the Additional Munsif - I, Ranchi in Title Suit No.34 of 2000, whereby the defendant was directed to vacate the suit premises within one month and hand over the vacant possession of the suit property to the plaintiff.
(2.) For the sake of convenience, the parties shall be referred to as plaintiff and defendant. The plaintiff is the respondent in the present appeal and the defendant is the appellant.
(3.) The plaintiff instituted the suit for eviction of the defendant from the suit premises situated in MS Plot No.197 corresponding to Old Holding No.522 present Holding No.589, Old Ward No.V, New Ward No.14 of Ranchi Municipal Corporation, located at 2nd Street Church Road, Ranchi, P.S. - Lower Bazar, District - Ranchi. The suit premises consists of two bed rooms with aangan and kitchen, in the building, situated on the aforesaid plot. The plaintiff's case is that the defendant was inducted as a tenant on monthly rent of Rs.350/- per month. It is alleged that the defendant paid the rent up to the month of June, 2000 thereafter despite repeated request he did not pay the rent and defaulted in payment of rent from July, 2000 hence, he is liable to be evicted from the suit premises under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (here-in-after to be referred to as the BBC Act for short). The plaintiff also pleaded that due to the negligence and wilful act of the defendant, the suit premises has deteriorated, and he is liable to be evicted on that count too. The defendant contested the suit and filed his written statement, denying the relationship of landlord and tenant. He asserted that the plaintiff had inducted the defendant as a tenant in the year 1964 on a monthly rent of Rs.50/- only. Thereafter on threats of eviction the rent was enhanced from Rs.50/- to Rs.150/- per month from January, 1986 and Rs.200/- per month from January, 1989, thereafter to Rs.350/- per month from January, 2000, and such enhancement was not consented to by the defendant. It is alleged that due to the illegal enhancement the plaintiff has realized Rs.29,700/- from January, 1986 to September, 2000 which is liable to be adjusted towards the rent @ Rs.50/- per month from July, 2000, onwards and he had sent notice to the plaintiff in the month of July, 2000 for adjustment of the aforesaid excess amount realized by the plaintiff. That despite repeated request the plaintiff did not pay any heed. It is pleaded that the plaintiff did not grant receipt of rent from July 2000 to November 2000. That when the defendant demanded for the receipt, the plaintiff instituted the suit on false, frivolous and vexatious allegation. It is stated that since plaintiff was residing outside Ranchi, as per agreement and understanding whenever he came to Ranchi he realised rents for several months and used to grant rent receipts of several months at a time. It is pleaded that the plaintiff was required to carry out white washing and periodical repairs of the suit premises which he failed to do therefore, the allegation that deterioration and damage to the suit premises was caused due to negligence and fault of the defendant is baseless. On pleadings of the parties, the court below framed seven issues. The relevant issues were 3 and 4 as to whether there was a relationship of landlord and tenant and whether the defendant defaulted in payment of rent and was liable to be evicted from the suit premises. The plaintiff and defendant adduced oral and documentary evidence. On consideration of the evidence adduced by the parties, the trial court decided all the issues including issue Nos. 3 and 4 in favour of the plaintiff and decreed the suit for eviction holding that the defendant had defaulted in payment of rent in terms of Section 11(1) (d) of the BBC Act. Being aggrieved by the judgment of the trial court, the defendants preferred the aforesaid Title Appeal before the District Judge - XVIII Ranchi, who appreciated and considered the evidence of both the parties and after independent application of judicial mind concurred with the findings of the trial court affirming the judgment and decree of trial court consequent thereto, this Second Appeal has been carried to this Court by the defendant/ appellant. ;