SIYARAM ROY Vs. STATE OF BIHAR

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 Holding No. 82.A (part of old Holding No. 82) within Ward No. 5 of Bihar Municipality under P.O. and PS. 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:

(3.) THE Plaintiff further claimed that he informed the Defendant about the said purchase and requested him to vacate the suit premises, which the Plaintiff required for his own requirement, whereafter the Defendant acknowledged the Plaintiff as his landlord and promised to pay the said rent to him and also to vacate the suit premises by 31st July, 1988. It was also stated that the Defendant betrayed his promises and he neither paid any rent to the Plaintiff nor vacated the suit premises, in spite of repeated requests by the Plaintiff and in spite of written agreement between them dated, 1st August, 1988 according to which Defendant was to vacate the suit premises by 31st December, 1988. Hence the suit was filed by the Plaintiff in February, 1989 for eviction of the Defendant.