UMESH PRASAD Vs. MEHRUNISA

JUDGEMENT

(1.) THIS second appeal has been filed by the sole plaintiff-respondent-appellant challenging the judgment and decree of the lower appellate court by which the judgment and decree of the trial court was set aside and the claim of the plaintiff was rejected. During the pendency of this second appeal the sole defendant-appellant-respondent died and his heirs were substituted.

(2.) THE matter arises out of Eviction Suit No. 05 of 1989, (01/1991) filed by the sole plaintiff-respondent-appellant for eviction of the sole defendant-appellant-respondent(now deceased) from the suit premises, which is a shop room measuring 19 ft. x 117 ft. bearing Holidng No.82-A (part of old Holding no.82) within Ward No.5 of Bihar Municipality under P.O. & P.S. Bihar Sharif in the District of Nalanda on the grounds of personal necessity of the plaintiff for the suit premises, default in payment of rent by the defendant and breech of the term of tenancy. Following reliefs were claimed in the suit: (i) Decree for eviction of defendant from the suit premises. (ii) Decree for arrears of rent against defendant for Rs.1,300.00. (iii) Decree for pendente lite & future rent @ Rs.200.00 per month. (iv) Cost of suit to be paid by the defendant in favour of the plaintiff. (v) Any other relief /reliefs to which plaintiff is deemed entitled.

(3.) ON the basis of the pleadings of the parties, the trial court framed the following issues for deciding the eviction suit: (i) Is the suit as framed maintainable ? (ii) Whether there is any cause of action for the suit? (iii) Is there any relationship of landlord and tenant between the plaintiff and the defendant? (iv) Whether the plaintiff has got personal bonafide need of the suit premises and whether he is entitled to get a decree of eviction against the defendant on this ground? (v) Whether part eviction of the defendant from the suit premises will serve the purpose of the plaintiff? (vi) Whether the defendant has defaulted in payment of rent? (vii)Whether the plaintiff is entitled to get a decree for Rs.1,300.00 being arrears of rent and whether the plaintiff is also entitled to a decree for pendente lite and future rent at the rate of Rs.200.00 per month? (viii)Whether the plaintiff is entitled to any relief or reliefs?