JAI CHANDRA PRASAD Vs. BISHWANATH PRASAD

JUDGEMENT

(1.) This application by the plaintiffs is directed against an order of the Additional Munsif, Patna City dismissing their application under Section 13 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1977 for an order directing the defendant who is opposite party in this Court to deposit arrears of rent and current rent at the rate of Rs. 50/ - per month.

(2.) The aforesaid application was filed in a suit brought by the plaintiffs for eviction of the defendant from a portion of a house situate in Mahalla Sultanganj, Patna City bearing new holding No. 160 Admittedly, plaintiff No. 1 who is husband of plaintiff No. 2, and the defendant Bishwanath Prasad are both sons of Narain Sah by two different wives'. The suit for eviction was brought by the plaintiffs on the footing that the suit house as well as some other properties were gifted to them by Daulati Kuer, widow of Jitu Sao, the admitted owner of the suit properties and that the defendant was a tenant in a portion of the suit house. According to the plaintiffs, the rent which was originally Rs. 30/ - per month was increased to Rs. 50/ - per month in 1975 and the defendant paid rent at that rate till 1975 but he defaulted in payment of rant from January 1976 to June 1977. On the aforesaid allegations and also on further averment that part of the building which was in suit was required by the plaintiffs for their own use and occupution, the plaintiffs filed the aforesaid suit for eviction and arrears of rent.

(3.) The suit was resisted by the defendant on the ground that the alleged deed of gift by Mossomat Daulati Kuer, even if it was genuine, was never acted upon and that after her death all the sons of Narain Sao became entitled to the house and were living in that house as owners thereof, occupying small but separate portions of the suit house. Thus, the defendant specifically denied the existence of relationship of landlord and tenant between the plaintiffs and himself.