ABDUS SALAM MANDAL Vs. SANTOSH KUMAR NATHANI

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of the Code of Civil Procedure has been filed against the Judgment and Decree dtd. 3/8/2019 and 13/8/2019 respectively passed by learned Additional District Judge-VIIth, Muzaffarpur in Eviction Appeal No. 4 of 2016 affirming the Judgment and Decree dtd. 30/5/2016 and 13/6/2016 respectively passed by learned Munsif, Muzaffarpur in Eviction Suit No. 5 of 1993.

(2.) Appellant is defendant in the Trial Court. Respondent/plaintiff filed Eviction Suit No. 5 of 1993 in the court of Munsif, Muzaffarpur against the defendant/ Appellant for eviction on the ground of default in payment of rent as well as for personal necessity. The case of the plaintiff is that he is owner of suit premises (Municipal holding no. 351, Mohalla- Kanhauliganj Pakki Sarai Road, Chamra Godown Lane, Town-Muzaffarpur containing room, baramdah, kitchen, latrine etc.). The suit premises was given on monthly rent of Rs.350.00 for the period 21/6/1991 to 20/6/1992 for which a lease deed was executed but defendant failed to vacate the same despite several request and not paying the rent and as such suit was filed for eviction on the ground of default as well as personal necessity of the premises.

(3.) The defendant/ Appellant contested the suit and filed written statement stating that the father of the plaintiff had given the suit premises to defendant for a monthly rent of Rs.250.00which was increased from 250/- to 300/- from March, 1986 but after death of father of plaintiff, the plaintiff started disturbing and by making pressure the rent was increased to 350/- per month for which on 21/6/1991 informative petition was filed and he has paid rent regularly since February 1980. He has also pleaded that plaintiff has other houses which are vacant and the plaintiff has only two-three staff who are conveniently residing in his residential premises. In additional written statement dtd. 28/9/2004 filed by defendant the ownership of plaintiff on suit premises has been denied.