BHIMSEN GUPTA Vs. BISHWANATH PRASAD GUPTA

JUDGEMENT

(1.) Heared learned counsel for the petitioner.

(2.) The issue involved in this petition is : whether the plaintiff-landlord was entitled to decree of eviction in a suit filed on 5th September, 1994 on the ground of default in payment of rent for February, 1988 and December, 1990, even though the same fell beyond the period of three years prior to the date of the suit.

(3.) In the present matter the suit was filed on 5th September, 1994 for eviction of the tenant (petitioner herein) and for recovery of possession on the ground of default in payment of rent under S. 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (for short the 'Act, 1982') as well as on the ground of personal necessity. The suit was dismissed by the trial Court. Being aggrieved, the plaintiff-landlord went in appeal before 7th Additional District Judge, Munger who recorded the finding of fact to the effect that the defendant-tenant had committed default for two months namely for February, 1988 and December, 1990 which fulfilled the requirement of S. 11(1)(d) of the said Act, 1982. This finding of fact has been confirmed by the High Court against which the tenant has come by way of the present petition. At this stage we may clarify that the decree of eviction has been sustained by both the Courts below on both the aforestated grounds namely personal necessity of the landlord and willful default in payment of rent by the tenant.