SANJAY KUMAR SAHU Vs. LAXMI NARAYAN MAHAPRABHU BIJE

JUDGEMENT

(1.) This appeal has been filed questioning the judgment and decree passed by learned 2nd Additional District Judge, Berhampur-Ganjam in R.F.A. No. 61 of 2015 confirming the judgment and decree passed by the learned Civil Judge (Junior Division), Berhampur in C.S. No. 44 of 2013, decreeing the suit filed by the respondent as the plaintiff and directing the appellant-defendant to give delivery of vacant possession of the suit house and pay the arrear house rent as well as to clear up the charges towards electric and water connection to the said house.

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

(3.) Laxmi Narayan Mahaprabhu ("the DEITY") Bije, At-Kasturi Das Matha has filed the suit through Mahant Bhagaban Das, Chella of Guru Late Raghunath Das. The plaintiff has a tile roofed house consisting of two rooms in a busy place within the township of Berhampur. The property belonging to the Deity is said to be under management of Mahant Bhagaban Das who is said to be taking all the care and looking after the affairs of the Deity. It is stated that the house had been let out to the defendant on 01.09.1986 for a period of 11 months on a monthly rent of Rs. 80/-. A deed to that effect had been executed. The defendant was last paying a sum of Rs. 700/- per month towards rent. The defendant though had undertaken to leave the house after the expiry of the period of 11 months and sometime thereafter as agreed upon since did not vacate, the suit has been filed, after issuance of notice to vacate. Some allegations have also been made regarding improper of suit rooms under the occupation of defendant as tenant, during period by going for structural alteration and addition therein unperturbed by the protest.