NIRBHAY NARAYAN JHA Vs. ALAKH KUMAR SINHA

JUDGEMENT

(1.) The defendant is the appellant. The respondents filed a suit for his eviction from the building in question on the grounds that the appellant had defaulted in paying rent from October, 1975 to January, 1976 that the respondents required the building for their own use and occupation and that the condition of ihe building bad materially deteriorated because of the Act of waste of the appellant. They also prayed for arrear rent. All the grounds were contested by the appellant by filing written statement. The trial court held that the respondents bad proved all the grounds. It passed a decree for eviction of the appellant. The appellate court confirmed all the findings of the trial court.

(2.) On 14-9-1978, at the time of admission of the appeal, the following substantial questions of law were formulated :

(3.) At the time of hearing of the appeal, it was found that point no. (i) did not survive as the judgment on the batis of which the courts below held that the appellant was required to remit by money order not only the current rent but also the whole of the arrear tent has been over-ruled After hearing the counsel appearing on behalf of the parties, the following substantial question of law was formulated in that plase : Whether in the circumstances of this case, the courts below could have held that the appellant had defaulted in paying the rent from October, 1975 to January, 1976.