MAHENDRA SAH Vs. CHARDRA SHEKHAR PURVEY

JUDGEMENT

(1.) This Second Appeal has been filed against the judgment and decree dtd. 20/1/2017 passed by Additional District Judge, Rosera, District Samastipur in Title Appeal No. 39 of 1994 confirming the judgment and decree dtd. 16/7/1994 passed by Munsif, Rosera in Title Suit No. 22 of 1990 whereby the suit has been decreed.

(2.) The defendants are appellants in this appeal. The plaintiffs filed the aforesaid Title Suit for declaration of their title to the suit house and also that defendants are only occupier of the suit house for which they are liable to pay arrears of house rent claimed by the plaintiffs as well as a decree for eviction of the defendants in respect of the suit house.

(3.) The plaintiffs' case is that ancestor of plaintiff Nos. 1 to 12, namely, Mukund Purbey acquired properties including land of Khesra No. 3630 from Most. Kanchania and also Khesra No. 3631 along with a house by sale deed on 6/6/1938 and later on when house portion fell down he constructed house over it numbered as (holding No. 6) and the same was let out to defendant No. 1, namely, Halkhori Sah (since dead) on monthly rental of Rs.25.00 who was paying rent to Mukund Purbey till his death and thereafter, to plaintiff No. 1 Satish Purbey. The name of plaintiffs had been entered as owner of the house in question and defendants names were entered only as occupier. Jamabandi is running in the name of plaintiffs ancestor Mukund Purbey and plaintiffs continued paying rent of the land and getting rent receipts. Since March 1984 defendant No. 1 had stopped the payment of monthly rent of the suit house and involved the plaintiffs in various cases.