SITA RAM PANDIT Vs. MOHAN LAL

JUDGEMENT

(1.) This appeal is preferred against the judgment of a learned Single Judge of the Patna High court partly allowing the second appeal preferred by the appellant herein.

(2.) Appellant is the defendant. Respondent filed a suit for eviction of the defendant from the suit property and also for recovery of arrears of rent. Plaintiffs case was that his father had purchased the land, over which the suit house stands, under a registered sale deed dated 2/05/1952 and constructed a building thereon. In June, 1958 it was let out to the defendant on a monthly rental of Rs. 15. 00. The defendant paid the rent till 1963 but from January 1964 he stopped paying rent, whereupon he gave a notice of termination of tenancy, also calling upon the defendant to pay a sum of Rs. 85. 00 towards arrears of rent. Since the defendant neither vacated the house nor paid the rent, he instituted the present suit. Defendant denied the relationship of landlord and tenant between him and the plaintiff. According to him, the land over which the suithouse stands formerly belonged to one Ahmadi Begum from whom the defendant's ancestors obtained it on settlement on payment of Rs. 50. 00 as salami and 10 annas as annual rent. He, thus, claimed the ownership in himself.

(3.) The trial court dismissed the suit upholding the defendant's case. On appeal, however, the lower appellate court reversed the findings. The appellate court held that the land was acquired by the father of the plaintiff as alleged by the plaintiff and that the plaintiffs father had constructed a building thereon which he gave to defendant on rent in the year 1958. Defendant's plea of title was negated. Accordingly, he allowed the appeal and decreed the suit for eviction as well as arrears of rent.