RAGHUBAR DAYAL PRASAD Vs. RAMEKBAL SAH

JUDGEMENT

(1.) This appeal has been placed before a Division Bench for testing the correctness of a decision of a learned single Judge in the case of Ramchandra Sah v. Chotam Sah 1971 BUR 186. The fate of this appeal hinges on a pure question of law. But before I take up the question of law for determination, the relevant facts first.

(2.) The plaintiff in the action is the appellant here having come up against a judgment of reversal. The suit was decreed by the trial court. On appeal by the defendant-respondent the plaintiff-appellant lost in the court of appeal below and the suit was dismissed. The facts no longer in controversy and based either on the admitted case of the parties or on concurrent findings of fact of both the courts below, may conveniently be culled here.

(3.) The plaintiff-appellant instituted the suit for realisation of arrears of rent and eviction of the defendant-respondent from the house standing on holding Nos. 195 and 196 (new) ward No.2 circle No.10 situate in mohalla Sahebganj within the municipal limits of Chapra. The appellant claimed to be the owner of the land in question along with the house as it fell to his share on partition of the ancestral properties of both the parties. He further pleaded that the defendant was inducted as a tenant in 1949 at the fate of Rs. 73/- per month. He paid that for some time. Thereafter he ceased to pay and became a defaulter. On these allegations he claimed the relief for eviction and a decree for realisation of arrears of rent as already stated earlier.