BAZRUL HAQUE Vs. BIHARI SHARMA

JUDGEMENT

(1.) This second appeal at the instance of the defendant is directed against a judgment of affirmance.

(2.) The plaintiff's case was that he inducted Abdul Sayed, father of Bazrul Haque, the defendant, as a tenant in the disputed premises bearing holding No. 26 of Ward No. 6 of Purnea Municipality on a monthly rental of Rs. 20/- Abdul Sayed, undisputedly, died sometime in the year 1969 and his son, the defendant continued in possession of the demised premises as before. The defendant defaulted in payment of rent for the period from February, 1968 to March, 1969 and made himself liable for eviction under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977, hereinafter referred to as 'the Act'. The plaintiff, therefore, instituted the suit against the defendant for eviction and arrears of rent.

(3.) The defendant contested the suit. He admitted that he was in occupation of the demised premises but pleaded that after the death of his father, there was a special oral agreement between the plaintiff and him that the defendant shall pay rent, settled earlier, namely, a sum of Rs. 20/-, according to his accommodation and the plaintiff agreed that the defendant shall repair the radio and also sew the clothes of the plaintiff and the charges thereof shall be adjusted towards the monthly rental of Rs. 20/-. The defendant also contested the suit on the ground of non-service of notice under Section 106 of the T. P. Act which, according to him, did not terminate the tenancy.