BAIDYA NATH PRASAD Vs. RAMJI PRASAD GUPTA

JUDGEMENT

(1.) This second appeal at the instance of the plaintiff is directed against the judgment of reversal of the learned Second Additional Subordinate Judge, Chapra, by which the plaintiff's suit for eviction, on the ground of expiry of the period of tenancy, has been dismissed.

(2.) There is a house within the Chapra Municipality. Undisputedly the defendant was inducted in this house by the plaintiff-appellant Baidya Nath Prasad on the execution of a kerayanama by the defendant in favour of the plaintiff on 15th June, 1970, marked Ext. 1. The term of this tenancy was for 11 months, which period expired on 14th May, 1971. When the defendant did not vacate the premises after notice under Section 106 of the Transfer of Property Act, the instant suit was filed for eviction.

(3.) The defendant contested the suit on the ground, inter alia, that the suit was not maintainable and the defendant had taken a fresh tenancy of the disputed premises from one Jagarnath Prasad, brother of Baidya Nath Prasad, the plaintiff, on 20-7-1971 under a kerayanama marked Ext. A. It appears that subsequent to the institution of the suit on 26-7-1971, the defendant had succeeded in getting a sale deed executed in respect of the said premises from Jagarnath Prasad on 24-7-1972 for which a civil litigation is pending in which one Shanti Devi, said to be an earlier purchaser of the suit premises from Jagarnath as also the present appellant, stand Arrayed as defendants,