R R ENTERPRISES Vs. PRATIBHA LAL

JUDGEMENT

(1.) The Defendants have preferred this civil revision application under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'Act'), and are aggrieved by the judgment and decree dated 1.4.2004, passed by the learned Subordinate Judge-10, Patna, in Binod Bihari Lal and Ors. v. R.R. Enterprises and Ors. Title Eviction Suit No. 17 of 1996), whereby the eviction suit preferred by opposite party 1st set herein for eviction of the Petitioners on the ground of expiry of the period of lease as well as personal necessity, has been decreed.

(2.) Binod Bihari Lal, one of the Plaintiffs, died during the pendency of the present proceedings, on 6.8.2008. The order of substitution has been passed in the present proceedings on 1.9.2010.

(3.) According to the plaint, the Plaintiffs are the owners of the suit house bearing Holding No. 809/407, Circle No. 249, situate in Mohalla-Mohanpur Punaichak, P.S.-Shashtrinagar, Patna. On the request of Defendant No. 2, the Plaintiffs agreed to induct the Defendants as their monthly tenant for a monthly rental of Rs. 11,000/-. An amount of Rs. 27,500/-was paid as advance rent on 15.9.1995, and the Defendants took possession of the leased-out portion of the house on the same date. As per the lease deed inter-parties, the suit premises is the whole of the ground floor of the building. It is further said that the agreement was executed for eleven months from the date of occupation of the suit premises and the terms of the lease deed, the period of lease was to be extended only after one month's notice. The further case is that the Defendants have not paid a single farthing to the Plaintiffs save and except the advance money as stated above. It is further claimed that the period of lease agreement expired on 24.8.1996. Since the terms of tenancy was as per the English Calendar, and the Defendants have not given any notice in writing to the Plaintiffs for renewal of the lease as agreed upon by the parties.