BHARAT ROADWAYS Vs. SHAILENDRA KUMAR BIRLA

JUDGEMENT

(1.) This is a defendants' Second Appeal against a judgment of reversal, the trial Court having dismissed the plaintiff's suit for eviction on the ground of personal necessity and default in payment of rent for the period from Nov., 1974 to September, 1975 and again from Nov., 1975 to Nov., 1976 as also for arrears of rent.

(2.) There is a double storeyed pucca building bearing Municipal Holding No. 139 (old) 147 (new) situate in Ward No. 8 old, 18 new, Circle No. II, mohalla Chhoti Saraiyaganj. Jawaharla] Road in the town of Muzaffar-pur in an area of one katha. This house (hereinafter referred to as 'demised premises') belonged to one Ram Chandra Sah who, undjsputedly, inducted defendant Bharat Roadways as a month to month tenant on a monthly rental of Rs. 200/- per month. Undisputedly, then was no written contract regarding this tenancy. The defendants were not paying rent to Ram Cbandra Sah since Nov., 1974 and as seen, the latter had served a nctice on the former determining the tenancy on expiry of 31-3-1975. The demised premises was purchased by the plaintiff from Ram Chandra Sah under a registered sale deed dated 30-12-1973 (Exhibit 5) in which the arrears of rent amounting to Rs. 2600/- was also transferred to the plaintiff, notice of which transfer was duly given by Ram Chandra Sah to the defendants. It is undisputed that the defendants accepted the plaintiff as their landlord in respect of the demised premises after execution of the sale deed. Rent having not been paid to the plaintiff, a minor, for the period abovementioncd, he instituted the instant suit through this father.

(3.) The defendants contested the suit disputing the claim of the plaintiff for eviction on both the two grounds above mentioned, alleging, inter alia, that they had all along sent rent by money order to Ram Chandra Sah and subsequently to the plaintiff by money orders which were refused by them except the amount of Rs. 200/- sent by money order to Ram Cbandra Sah as rent for the month of Oct. 1975, which he (Ram Chandra Sah) had accepted.