BHARTI DEVI Vs. AMRENDRA KUMAR SARKAR

JUDGEMENT

(1.) THIS First Appeal has been filed by the defendants against the Judgment and Decree dated 24.5.1985 passed by the learned 2nd Addl. Subordinate Judge, Samastipur in title suit No.125 of 1980 / 18 of 1983 whereby the trial Court decreed the plaintiff respondent's suit for eviction.

(2.) THE plaintiff respondent filed the aforesaid eviction suit for eviction of the defendants appellants on the ground of expiry of fix period lease and default and also personal necessity. According to the plaintiffs, i.e., the Bengali Hindu Theatrical Club inducted the original defendant Surejdeo Singh in the suit premises through the President and Secretary of the Club on the basis of the registered lease deed dated 14.5.1969 for a period of 12 years effective from the date of Ist day of February, 1967. The same was to be expired on 31st January, 1979. According to the plaintiff, the rate of rent for the suit premises was fixed at Rs.350.00. But out of that Rs.300.00 was to be adjusted towards the monthly rent till the advance amount of Rs.41,500.33 paise is adjusted and Rs.50.00 was payable by the tenant each month. The plaintiff further alleged that Rs.41,500.33 paise was adjusted till the month of December, 1977 and Rs.12.55 paise was paid in excess of the rent towards the amount of adjustment but the tenant did not pay the amount of Rs.50 per month from the month of May, 1969 to December, 1977 as such arrears of rent payable by the defendant was Rs.5200.00. After the month of December, 1977, the defendant was required to pay the entire rent of Rs.350.00 per month but till the institution of the suit, the defendant did not pay the rent as such the defendant is a defaulter. The further case of the plaintiff is that the suit premises is required by the plaintiff for personal occupation. The lease expired on 31st January, 1979 and one year prior to the expiry the plaintiff sent notice on 30th March, 1978 to the defendant to the effect that the plaintiff is not intending to renew the lease for any period further and accordingly requested the defendant to vacate the suit premises on the expiry of the lease. The defendant neither paid the rent nor vacated the suit premises.

(3.) ON the basis of the aforesaid pleadings of the parties, the trial Court framed the following issues :-