KUMARI SHRIWAS Vs. LAXMAN MISHRA

JUDGEMENT

(1.) Heard on admission.

(2.) The appeal is by the defendant against the concurrent finding of facts.

(3.) Case of the landlord/respondent in brief is that two houses of Sitaram Mandir are situated at Gondpara, Bilaspur, wherein the defendant was the tenant. The said houses were initially of Swami Siyavsharan @ Dharmadas and by a will dated 15.02.1982, the properties were devolved on Laxman Prasad Mishra. Siyavsharan @ Dharmadas, the original owner of the properties died on 06.12.1985. Thereafter, the defendant/appellant was inducted as a tenant by the plaintiff. Initially the rent was fixed for two houses i.e. Rs.250/- and Rs.150/- per month. Subsequently, from the year 2008, the rent was increased from Rs.250/- to Rs.300/- and Rs.150/- to Rs.200/-. From the year 2005 to 2007, the rent was accumulated in respect of the first house to Rs.6450/- and for second house to Rs.12900/-. The defendant/tenant failed to pay such rent. In order to recover such rents, the defendant was served with the notice on dated 17.09.2007 and as against that, the defendant requested to continue the tenancy and initially paid an amount of Rs.2000/- on 05.10.2007 and Rs.400/- on 12.12.2007 and assured to pay the rest of the rent within a short period of time. Subsequently, the defendant stopped the payment of rent and on being asked, the defendant started misbehaving with the plaintiff and eventually it was not paid, therefore, the arrears of rent accumulated to Rs.15,100/- up till June, 2008 and when the amount was not paid, the suit was filed for ejectment. It was further pleaded that since the defendants misbehaved for payment of rent and the plaintiff used to manage the affairs of the temple with the proceeds of rent therefore, for non-payment of rent, management of temple become difficult and therefore, the vacant possession of the suit properties were sought for.