RAMESHWAR LAL SHARMA Vs. SARDAR AMRIK SINGH

JUDGEMENT

(1.) This second appeal by the defendant arises out of a suit for his eviction from a house situate at Ramgarh in the district of Hazaribagh.

(2.) The case of the plaintiff was that the house belonged to one Sukhdeo Singh and the plaintiff had purchased it from him. The house was let out to the appellant as a tenant by Sukhdeo Singh near about the year 1959 on a monthly rental of Rs. 18/-. There was, however, subsequently in the year 1962 an agreement entered into between Sukhdeo Singh and this appellant that the latter would vacate the house by the 15th of November 1962, failing which he would be liable to pay rent at the rate of Rs. 40/- per month. The appellant did not vacate the house by the aforesaid date and continued to be in possession. Thereafter took place the sale of the house by Sukhdeo Sinsh to the plaintiff-respondent on the 4th July 1963. The appellant paid rent for the month of July and August 1963, to the respondent and stopped the payment thereafter. Therefore, a notice under Section 106 of the Transfer of Property Act was given by the respondent to the appellant for vacating the house. The present suit was filed thereafter for his eviction as well as for arrears of rent.

(3.) The defence of the defendant-appellant was that he was neither a tenant of Sukhdeo Singh nor of the present respondent. He claimed to have taken settlement of it from the Manager of the Court of Wards incharse of the Ramgarh Estate. He further alleged that there was a suit between him and the Rani of Ramaarh which ended in a corn-promise between the two: in other words, the appellant claimed title in himself.