LAWS(PAT)-1995-7-2

KRISHNA CHANDRA MANDAL Vs. MANDAVI DEVI

Decided On July 18, 1995
KRISHNA CHANDRA MANDAL Appellant
V/S
MANDAVI DEVI Respondents

JUDGEMENT

(1.) This is a defendant's tenant's Second Appeal in a suit for eviction, as the building is reasonably and in good faith required by the landlord, and for arrears of rent. The suit under Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (compendious "the Act") was filed by the plaintiffs respondents with the averment that the plaintiffs required the accommodation for personal necessity. In fact the accommodation in dispute was let out to the defendant-appellant on a monthly rental of Rs. 125/- with the understanding that the rent would be paid at the end of every month and in case of non-payment of rent for two consecutive months, the defendant would be treated to be defaulter and will be liable to pay interest at the rate of Re. 1/- per cent per month on the arrears of the amount of rent. The rent was paid only till 1-2-1985 and thereafter the defendant became defaulter. It was said in paragraph 9 of the plaint that the plaintiffs required the building in question reasonably and in good faith for bona fide requirement for their own occupation, as their relations are unemployed and they want to do some business in the suit accommodation.

(2.) The suit was contested by the defendant-appellant denying the allegations made in the plaint and showing that there was no arrears of rent, but as regards the averment made in paragraph 9 of the plaint indicating bona fide requirement, there was no reply in the written statement except the general denial.

(3.) Both parties led evidence and after appreciating the same the trial Court decreed the suit for ejectment primarily on the ground of bona fide requirement in good faith. The defendant-appellant preferred First Appeal and the same was dismissed. This is how the defendant-appellant has approached this Court in Second Appeal.