RADHA KISHAN SAO Vs. GOPAL MODI

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Patna High Court in a second appeal arising out of a suit for eviction of the tenant.

(2.) Two rooms being shop Nos. 17 and 18 of Modi Building in Commissioner's Compound, Ranchi, were let out by the plaintiff (respondents herein) on a monthly rental to the defendant (appellant herein). We will describe them as the plaintiff and the defendant. It is common ground that fair rent of Rs. 50/- per month (including water tax) was determined for the two shops by an order of the Rent Controller under Section 5 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (briefly the Act) on May 30, 1953. Later on, certain furniture, such as five almirahs and six racks, were also let out by the plaintiff to the defendant on a monthly rental of Rs. 28/-, A suit was instituted by the plaintiff on April 18, 1966, praying for eviction of the defendant on the ground of non-payment of rent of the said two shops and furniture for three months from July to September 1965.

(3.) The Munsiff, Ranchi dismissed the suit holding that failure to remit rent for furniture along with rent for the two shops did not amount to default under section 11 (1) (d) of the Act. The Munsif also held that there was no valid service of notice under Section 106 of the Transfer of Property Act.