KARTIKA BEHERA Vs. MANOJ KUMAR SAHOO & ANOTHER

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Cuttack in R.F.A. No.84 of 2014.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) Plaintiff'S case is that the defendant no.1 originally was a tenant under defendant no.2. The plaintiff purchased the tenanted premises from the defendant no.2 by registered sale deed dated 16.08.2006. So, the defendant no.1 continued to be a tenant under the plaintiff though no written agreement was executed for the purpose. The rent was fixed at Rs.1200/- per month to be paid to the plaintiff by defendant no.1 by the first week of each succeeding month according to the English calendar. It is said that till December, 2012 he went on paying the monthly rent. However, from January, 2013, he defaulted and that was not paid despite of repeated demand. The plaintiff further pleads that being an unemployed person he is in need of the shop room in occupation of the defendant no.1 for carrying on some business there. So, the plaintiff issuing a notice on 24.06.2013 terminating the tenancy of defendant no.1 sought for delivery of vacant possession of the suit premises by 31.07.2013 further demanding payment of arrear house rent indicating in the notice that in case the defendant no.1 continues to remain in possession upon such termination of tenancy, he would be liable to pay damage @ Rs.500/- per day till eviction.