CHAMAROO SAO Vs. AMARNATH GOSWAMI

JUDGEMENT

(1.) The present appeal has been filed by the defendants against the judgment of affirmance.

(2.) The dispute relates to eviction of the defendants from the suit premises bearing plot No. 1948 appertaining to Khata No. 3 in Masaurhi Bazar, district Patna, as also for arrears of rent.

(3.) According to the case of the plaintiff, defendant No. 1 and his four sons, including defendant No. 3, constituted a joint Hindu Mtakshra family with defendant No. 1 as Karta thereof. Defendant No. 1 took the suit premises on mortgage on 4, 3. 1969 for a sum of Rs. 8,500/- in the name of defendant No. 3 for three years. The mortgage was redeemed on 5. 8. 1973. Thereafter defendant No. 1 took the suit premises on monthly rental of Rs. 105/- from the plaintiff payable in the first week of the each succeeding month. According to the plaintiff, the defendants did not pay rent from October, 1973, and after due notices the tenancy was terminated. Still the defendants did not vacate the premises nor did they pay the arrears of rent.