GHAN SHYAM DAS GUPTA Vs. DEVI LAL

JUDGEMENT

(1.) This appeal by defendant-tenant arises out of a suit for eviction under the Bihar Buildings (Lease. Rent and Eviction) Control Act, 1947, (hereinafter referred to as 'the Act') on the ground of non-payment of rent and personal necessity, on the suit being decreed, and the appeal, filed by the defendant-appellant, being dismissed holding that the appellant was a defaulter for the months of May, June, July, Oct. and Nov., 1968, and Dec., 1969, to Feb.. 1970.

(2.) The suit relates to a double storied building bearing holding No. 11/76. Ward No. 2 situate in Mahalla Sadar Bazar Dinapore Cantonment. The appellant is said to be a tenant in a portion of the said building. The original plaintiff, Smt. Janki Devi, was the purchaser from the original owner, who was the landlord of the appellant before purchase by Janki Devi. There is no dispute about the title of the landlord. After the purchase of the premises in question by Smt. Janki Devi a lease was entered into between her and the appellant tenant for a period of two years and eleven months on a rental of Rs. 32.50 paise per month. Accordingly, a deed of lease was executed on 6-9-1965. After the expiry of the terms of the lease a suit for eviction was filed and arrears of rent and mesne profit from May, 1968 to 6th Aug. 1968 and from 6th Aug., 1968, to 10th Dec., 1968 respectively were claimed. During the pendency of this suit Smt. Janki Devi died and she was substituted by her heirs and legal representatives. The suit was withdrawn by permission of the Court dated 6-11-1976. The plaintiffs were, however permitted to file a fresh suit on the same cause of action. Subsequently, claim for arrears of rent and mesne profit was decreed by the Additional Munsif, 1st Patna, on 5-12-1973. The suit for arrears of rent was also decreed in S. C. C. Suit No. 14/71. During the pendency of the above suits the Act was made applicable to Dinapore Cantonment with effect from 14-2-1970. The learned Munsif on a petition being filed under Section 11A of the Act by his order dated 8-1-1971 directed the appellant to deposit arrears of rent from March, 1970, to Dec., 1970, on the monthly rental of Rs. 32.50 paise and to pay further rent at the same rate. The appellant deposited rent up to Nov. 1973, and, thereafter defaulted to make deposit. The ground of personal necessity was also urged.

(3.) The plea of the defendant-appellant was that no notice under Section 106 of the T. P. Act had been tendered. According to him, rent was sent regularly. It was also denied that there was any arrear of rent. According to the appellant, rent was tendered by money order which the respondents refused to accept and even after the introduction of the Act the appellant went on deposting rent in Court and thereafter by money order. The claim of personal necessity was also denied.