KULBHUSHANMALIK Vs. SYED QAMRUZZAMA RIZVI

JUDGEMENT

(1.) Both these civil revision applications have been tagged for hearing, common question of law and facts are involved, and accordingly, have been heard together and being disposed of by a common judgment.

(2.) Civil Revision No. 411 of 1994 is directed against the judgment and decree dated 27 1.1994, passed by the Munsif 3rd, Patna, in Title Eviction Suit No 39 of 1992 and Civil Revision No. 412 of 1994 is directed against the judgment and decree dated 27 1.1994 passed by the Munsif 3rd, Patna. in Title Eviction Suit No 38 of 1992. Both the suits aforementioned have been decreed on contest and the petitioner have been directed to evict the suit premises within 45 days from the date of judgment and hand over the vacant possession of the same to the plaintiffs. Defendants- petitioners and the plaintiffs-apposite parties are common In both these civil revision applications.

(3.) Briefly stated the case of the plaintiffs is that they are the owners of the suit premises described in Schedule I of the plaint and the defendants are the tenants for a fixed period commencing from 14.1982 to 31.3 1992 by virtue of registered deed of lease, Ext. I (wrongly mentioned as Ext. IV in the impugned judgment of the Court below). The last lease (Ext. I) in favour of the defendants was for a period of ten years duly registered on 1.10.1983 executed by late Mrs. Qamrunnisa Rizvi, wife of the plaintiff No. 1 and the mother of plaintiff Nos 2 and 3 in favour of the defendants The period of lease commenced from 1.4.1982 and ended on 31.3.1992. It is the further case of the plaintiffs that according to the terms of the aforesaid tease the rent of the lease-hold premises increased annually and the last rate of rent paid by the lessee/to the lessor from 1.4.91 to 31 3.92 was at the rate of Rs 1085/-and according to the terms of the lease aforementioned the lessee bad agreed to handover the vacant possession of the suit premises to the lessor on expiry of the terms of the lease. Since the fixed term tenancy created by virtue of lease aforesaid f expired on 31.3.1992 and the defendants did not handover the vacant possession of the suit premises to the lessors, the plaintiffs sent notice to the defendants to vacate the lease-hold premises and on their refusal to do so they brought the suits aforementioned for eviction of the lessees, as provided under section 11 (1) (E) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as the Act).