SACHIDANAND SINGH Vs. TARAWATI MISHRAIN

JUDGEMENT

(1.) The petitioner (defendant No. 2) has filed the present revision application against the order dated 11-3-1986, passed by the Subordinate Judge, Bhagalpur, in T.S. No. 250/83, by which he has rejected the prayer of the petitioner to lead evidence and to cross-examine the plaintiff's witnesses even on issues not relating to the defendants against ejectment qua tenant after his defence has been struck off on account of non-payment of arrears of rent and current rent within the time granted by the Court under S. 15(1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act').

(2.) The facts giving rise to the present application are that the plaintiff (opposite party No. 1) filed a suit against the defendants including the petitioner for their eviction from the suit premises, for a declaration that the defendant first party is the tenant of the suit premises and the defendant second party sub-tenant of defendant first party and also for a decree for the arrears of rent and arrears of electrical charges amounting to Rupees 2,149.30p.

(3.) The plaintiff's case, in brief, is that the suit premises, described in Schedules 'A' and 'B' of the plaint, belong to her. Defendant first party was inducted as tenant of the suit premises on a monthly rental of Rs. 100.00 and the rent for every month was agreed to be payable on the expiry of the month within 5th day of succeeding month. He paid rent up to the month of April, 1980 only, for which rent receipts were granted on her behalf and thereafter he stopped paying rent from May, 1980 without any justification. Defendant first party shifted to Ranchi after sub-letting the suit premises, described in Schedule 'A', to defendant No. 2 on a monthly rental of Rs. 100.00 and also the suit premises, described in Schedule 'B', to defendant No. 3 on a monthly rental of Rs. 50.00 and, thus, he violated the terms and conditions of the tenancy by sub-letting the aforesaid property to the defendant second party. The defendant first party did not pay the electrical charges worth Rs. 2,149.30p. up to September, 1983, and also did not pay rent to the plaintiff from the month of May, 1980 to the month of April, 1983, but the plaintiff claimed the rent from the month of October, 1980 to the month of September, 1983, amounting to Rs. 3,600.00. Thus, the landlady claimed the eviction on the ground of non-payment of rent by the defendant first party as well as sub-letting of suit premises by him to the defendant second party.