GHANASHYAM SAHOO Vs. RAGHUNATH BEHERA (DEAD)

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Ganjam-Gajapati in Title Appeal No.46 of 1997. The appellant as the plaintiff had filed the suit for eviction of the respondent-defendant from the suit shop house and for realization of arrear rent and damages from him. The suit having been decreed directing the respondent- defendant to deliver vacant possession of the same and to pay the arrear rent of Rs.180/- with interest @ Rs.6% pendentilite and future within a period of two months and also to pay further house rent @ Rs.30/- per month till vacation, the respondent as the unsuccessful defendant had carried the appeal. The appellate court has set aside the judgment and decree passed by the trial court in decreeing the suit of the present appellantplaintiff and thus the suit having been dismissed, now the present move is before this Court by filing appeal under section 100 of the Code of Civil Procedure.

(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 suit shop house was owned by one Neelakanta Sahu. Said Neelakanta had adopted his grandson Gouranga who by registered sale deed dated 08.02.1993 for valuable consideration has sold the suit land with the room to the plaintiff and as such he claimed to have become the owner of the same. It is further stated that the defendant was a monthly tenant in respect of the suit shop house under that Gouranga, who was his landlord and the defendant was paying a rent of Rs.30/- per month to him. It is also stated that after the said sale, Gouranga duly intimated the defendant about the same that the plaintiff having purchased to have become the landlord. The plaintiff thereafter demanded the defendant to clear up the arrear rent in respect of the suit shop house and to vacate the same as he was in need of it. Since the defendant did not come forward with any response, the suit has been filed.