TRILOCHAN SINGH Vs. SADAN PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous application has been filed under Article 227 of Constitution of India against the order dtd. 17/2/2018 passed in Eviction Suit No. 109 of 2015, by learned Sub-Judge 1st, Patna, whereby and whereunder the learned court below allowed the petition filed by the plaintiff / respondent no. 1 under Sec. 15 of the Bihar Building (Lease, rent and eviction) Control Act, 1982 (hereinafter referred to as 'the BBC Act').

(3.) The plaintiff/respondent no. 1 filed eviction suit no. 109 of 2015 under Sec. 9 CPC read with Sec. 11 (a) (c) and (d) of BBC Act. The case of the plaintiff is that father of the plaintiff/ respondent no. 1 had purchased the land and house through sale deed dtd. 16/3/1973 and on his death in June, 2005, plaintiff being one of his son and co-owner filed the eviction suit. The father of the petitioner was tenant and on his death petitioner made oral agreement with plaintiff for new tenancy for residence in May, 1996 on monthly rent of Rs.155.00 in addition to municipal tax and electric charges but the petitioner never paid the rent and hence breached the terms of tenancy.