MDALIM ALIAS MOHDALLMUDDLN Vs. RAM NAGINA SAH

JUDGEMENT

(1.) This is a defendant's Second Appeal arising out of a suit for eviction of the defendants from, the shop and for recovery of arrears of rent and in case the defendants-appellants did not vacate the shop in question within the time allowed by the Court, the same may be delivered to the plaintiff through the process of Court.

(2.) The suit was filed with the averment that the defendants-appellants were holding front portion of the suit premises on a monthly rental of Rs. 35/-taken from Subhash Prasad, but on 20.1.1976 he purchase the land including the shop for a sum of Rs. 18,500/- and on 12.12.1976 the plaintiff redeemed the property from the mortgagee and paid Rs. 700/-. In this way he came landlord and the defendants are running a medicine shop in the name of Azad Medical Hall, but they failed to pay rent.

(3.) The suit was contested by the defendant-appellants denying the plaint allegation, stating that the suit was not maintainable nor there was any cause of action and the same was barred by limitation and that there was no relationship of landlord and tenant. The defendants have got perpetual lease for the shop and they are not tenant nor liable to ejectment. The defendants have been in- jucted in the shop in question as tenant by Bidya Bhushan alias Kedar Sah, the original owner and not by Subhash Prasad. The plaintiff has got other accommodation and therefore his need was not genuine nor bona fide and that the defendants are not in arrears of rent nor liable to ejectment and so the suit was liable to be dismissed.