PRABHUNATH SAHU ALIAS PRABHUNATH SAH Vs. NAGINA SINGH

JUDGEMENT

(1.) These two civil revisions are between the same parties and arise out of the same proceeding and as such they were heard together and are being disposed of by this common order.

(2.) The petitioner was the plaintiff of Title Suit No. 236 of 1972, which he had filed for, among others, a decree of eviction of defendants from the suit land, which the plaintiff had leased out to the defendants by registered deed dated 16-8-1968 for ten years for a monthly rental of Rs. 125/- for running timber business, but according to the plaintiff, neither the defendants paid rent nor vacated the suit land even after service of notice under Section 106 of the Transfer of Property Act sent by the plaintiff determining the lease.

(3.) The said suit was decreed by the trial Court vide Judgment and decree dated 29-5-1987 against which the defendants filed Title (Eviction) Appeal No. 2 of 1987, but in the meantime the full period of lease expired. Thereafter, the defendants-appellants stopped appearing in the appeal and when the Court informed the counsel about the same, their counsel noted "No instruction" on the margin of the order-sheet. Consequently, when after several adjournments the appeal was called out for hearing on 4-10-1996 and no one appeared to place the appellants case, the appeal was dismissed for default by the lower appellate Court.