PREM PRAKASH SAH Vs. BHANDERMALL SHARMA

JUDGEMENT

(1.) This appeal by defendant is directed against the concurrent judgment and decree of the courts below passed in a suit for eviction of the defendant from the suit premises and also for realisation of arrears of rent and for a decree for current rent at the rate of Rs. 175/ - per month from 1st of january, 1979 till the date of possession. Admittedly, the plaintiff was the landlord and the defendant was the tenant in the suit premises, namely, holding no. 39(old), 36(new) ward no. 9, Lakshmi Narain Road, Chhoty Sarayaganj in the town of Muzaffarpur. The rate of rent, that is, Rs. 175/ - per month is also not in dispute. It is also not in dispute that the defendant paid the rent at the stipulated rate till August, 1978 and thereafter he defaulted. The suit for eviction has, therefore, been brought on the ground of default and also On the ground of personal necessity.

(2.) The suit was resisted by the defendant and his case in substance was that the original rent of the suit premises was Rs. 60/ - per month and it was illegally enhanced from time to time until it came round to Rs. 175/ -. He denied that be was a defaulter or that the plaintiff had a personal necessity.

(3.) The court below held against the defendant on both the points, namely, on the point of default and on the point of personal necessity and on those findings the plaintiff's suit was decreed. Hence this appeal by the defendant.