KRISHAN KUMAR GHOSH Vs. GIRIJA DEVI

JUDGEMENT

(1.) THIS Second Appeal has been filed by the original plaintiff against the judgment and decree of the lower appellate court dated 01.12.2001 passed by the learned 6th Additional District Judge, Patna in Title Appeal No.121 of 1996 whereby the learned lower appellate court set aside the judgment and decree of eviction passed by the learned trial court dated 16.07.1996 in Title Eviction Suit No.14 of 1994 by Munsif 1st Court, Patna.

(2.) THE original plaintiff -appellant Smt. Savitri Devi, who died during the pendency of the Second Appeal, had filed the eviction suit under the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the B.B.C. Act') on the ground of default and subletting. According to the plaintiff, the defendant no.1 was inducted as tenant through an agreement dated 01.03.1992 on monthly rent of Rs.500.00 and it was agreed between the parties that the rent of each month shall be paid within first week of each month for which the rent is payable. The defendant no.1 paid the rent up to December, 1993 and thereafter defaulted in payment of rent from the month of January 1994 to March 1994. The defendant no.1 also sublet the suit premises to the defendant no.2, therefore, the suit was filed.

(3.) THE trial court considering the materials and evidences decreed the plaintiff's suit recording a finding that the defendant no.1 is a defaulter within the meaning of Section 11 (1) (d) of the B.B.C. Act.