S N Pathak, J. - (1.) Heard the parties.
(2.) This appeal has been preferred against the judgment dated 13.09.2017 (decree signed on 21.09.2017), passed by learned Additional District Judge-XIII, Jamshedpur in Eviction Appeal No. 30 of 2011, confirming the judgment dated 24.10.2011 (decree signed on 11.11.2011), passed by learned Trial Court in Eviction Suit No. 21 of 1997.
(3.) The case of the plaintiff before the learned Trial Court was that the plaintiff-respondent (M/s. Tata Iron & Steel Co. Ltd.) as an Industrial Undertaking has built a large number of quarters in Jamshedpur for giving accommodation to its employees. Further, on the request of defendants-appellants' father, late Chiranji Lal, who was an employee of the respondent-Company, the suit quarter was allotted to him. Subsequently, Chiranji Lal died leaving behind his two sons namely, defendant Nos. 1 and 2. After the death of the original tenant, late Chiranji Lal, his sons had been paying the monthly rent to the plaintiff-Company. The rent payable by the defendants to the plaintiff for the said quarter was Rs.19/- per month besides Municipal and Water Charges. It was the further case of the plaintiff that the defendants have defaulted in payment of rent from September, 1996 and as such, had made themselves liable to evict the suit premises under Section 11(1)(d) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982. Plaintiff further pleaded that the total number of employees of the plaintiff-Company, who are eligible for quarters, were more than the constructed quarters and as such, for giving them accommodation, the plaintiff was in urgent need of the suit quarter and since the defendants had defaulted in payment of rent for more than two months and also the plaintiff was in urgent need of the said quarter, it had filed the eviction suit before the Trial Court for recovery of its khas possession of the suit quarters after evicting the defendants therefrom. The plaintiff had averred that the cause of action for the suit arose on and from 1st December, 1996, when the defendants had defaulted in payment of two consecutive months' rent.;