MALTI DEVI Vs. RAMESHWAR SINGH

JUDGEMENT

(1.) THE plaintiffs have filed this Second Appeal against the judgment and decree dated 27.02.2002 passed by the learned District Judge, Rohtas at Sasaram in Title Appeal No.35 of 2001 whereby the learned Lower Appellate Court allowed the appeal and thereby set aside the trial court judgment and decree dated 22.05.2001 passed by the learned Munsif 1 st, Sasaram in Eviction Suit No.3 of 1995.

(2.) THE plaintiffs filed the aforesaid eviction suit for eviction of the defendants on the ground of default and further that suit premises is in dilapidated condition and requires immediate reconstruction and on the ground that the fixed period of tenancy for 3 months had expired. According to the plaintiffs, the suit property belonged to Basmato Devi, wife of Karmu Singh and mother of Ram Chandra Singh. On the death of Basmato Devi, her husband, Karmu and son, Ram Chandra sold the property by registered sale deed in favour of the plaintiff on 01.06.1994. After purchase, the plaintiffs came in possession of the property. The defendant no.1, Sumitra Devi is living in upper portion of the house at monthly rent of Rs.150 per month and she requested to allow her to live for 3 months, therefore, she was allowed to remain there for 3 months and a memorandum was executed in presence of the witnesses and she put her L.T.I. on it. However, subsequently, she did not vacate the suit premises. She defaulted in payment of rent at the rate of Rs.150 per month from 13.06.1994 and onwards.

(3.) ON the basis of the evidences and materials available on record, the trial court recorded the finding that the plaintiffs have been able to prove title and possession on the basis of sale deed dated 01.06.1994 and there is relationship of landlord and tenant between the parties. The suit premises are in dilapidated condition. The plaintiffs are entitled to recover the arrears of rent from the month of June to September, 1994. Accordingly, the plaintiff's suit was decreed.