GANGA SAO Vs. BISHWANATH GUPTA

JUDGEMENT

(1.) This is a defendant's second appeal against the judgment of affirmance, passed in appeal by the learned 5th Additional District Judge, Monghyr arising out of a suit for eviction filed by the respondents against the appellant in respect of demised, premises described in schedule 1 to the plaint.

(2.) The appellant was a tenant as a Kirayedar in the premises in suit on a monthly rental of Rs. 32/- according to the Bangla calendar month. While the appellant was in possession of the demised premises it was purchased by the plaintiffs. Even after this purchase defendant-appellant continued to be a Kirayedar of the suit premises under the plaintiffs on a monthly rental of Rs. 32/-. The terms of the tenancy not having been altered after the purchase by the plaintiffs, the tenancy, undisputedly, continued to be according to Bangla calendar month.

(3.) In the year 1962 the plaintiffs instituted Title suit No. 102 of 1962 for eviction of the appellant under the provisions of the Bihar Buildings (Lease Rent and Eviction) Control Act, 1947 (hereinafter to be referred to as 'the Act'). The eviction was sought on the ground of default in payment of rent There was an order by the Court where the suit was pending under Section 11-A of the Act, directing the appellant to deposit rent falling due according to the English calendar month. The suit was dismissed by the trial Court and the decree for dismissal was maintained in appeal by judgment dated 19-7-1970.