PANNADEVI Vs. ATMA RAM KUSHAN

JUDGEMENT

(1.) This is a plaintiff's Second Appeal in a suit for eviction of the defendant from the suit premises as given in the plaint as well as for arrears of rent from the defendant.

(2.) The suit was contested by the defendant-respondent and the averments made in the plaint were denied.

(3.) The Trial Court decreed the suit to the extent that the defendant was required to pay arrears of rent and also other outstanding dues and to vacate the suit premises within three months from the date of the order failing which plaintiffs will be at liberty to vacate the suit premises through the process of the court. The defendant preferred appeal before the District Judge and Ist Additional District Judge, West Champaran, Bettiah, by the decree dated 8th May, 1995 has partly decreed the suit and allowed the appeal in part to the extent that in view of Proviso to section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (compendiously the Act), the requirement of the plaintiffs can be substantially satisfied by eviction of the defendant-tenant from the part of the accommodation and they were also entitled to arrears of rent @ Rs. 100/- per month for the month of May, 1985 till August, 1986 which came to the extent of Rs. 1600/-.