SK SIKANDAR Vs. MIR RAHIM BOX (SINCE DEAD)

JUDGEMENT

(1.) Defendant is the appellant against a confirming judgment.

(2.) Plaintiff-Respondent instituted the suit for eviction and realization of arrear rent. The case of the plaintiff was that he was the owner of the suit house. The same was let out to the defendant in February, 1981 on a monthly rent of Rs.50/-. The defendant defaulted in payment of rent from April, 1981. Notice was issued to the defendant to vacate the house. The defendant maintained a sphinx like silence. With this factual scenario, he instituted the suit seeking the relief mentioned supra.

(3.) The defendant entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendant was that the ex-landlord leased out the land in favour of his father and issued raiyati patta. Thereafter his father constructed shop rooms. The shop rooms were let out to the plaintiff on rent.