BHUVNESHWAR PD GUPTA Vs. DHARMNATH PRASAD

JUDGEMENT

(1.) THIS second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 10.4.1990 passed by Sri Eric Mechyari, Additional District Judge, Saran, Chapra in Title Appeal No. 4 of 1987 reversing the judgment and decree dated 31.7.1987 passed by Sri Md. Mustaquim, Munsif Ist, Chapra in Eviction Suit No. 19 of 1985 whereby the learned Munsif had decreed the suit of the plaintiff-appellant for eviction of the defendants from the suit premises.

(2.) THE plaintiff is the appellant in this second appeal. THE case of the plaintiff, in brief, is that she is the owner of the suit house by virtue of the registered gift dated 14.12.1956 executed by her father-in-law in her favour. THE original defendant Nos. 1 and 2 were tenants in the suit house at a monthly rental of Rs. 75/-. THE tenancy was started according to the English Calendar month. THE original defendants 1 and 2 were paying rent to the plaintiff's father-in-law but after execution of the gift deed they were paying rent of the suit house to the plaintiff and in token of payment of rent, the plaintiff was granting Sada rent receipts to the original defendant Nos. 1 and 2. THE defendant Nos. 3 and 4, who were contesting the suit and are at present respondent Nos. 1 and 2 in this second appeal, are nephews of defendant Nos. 1 and 2. THE original defendant Nos. 1 and 2 after constructing their separate house shifted to their respective houses but at the time of vacating the suit house, they sublet the suit house to defendant Nos. 3 and 4 (respondent Nos. 1 and 2). Further case is that defendant Nos. 3 and 4 are residing in the suit house without making payment of rent to the plaintiff and the plaintiff had also never treated them as tenants as they were sub-lessees from the original defendant Nos. 1 and 2. Further case is that the defendants were not paying rent of the suit house for the last four years from the date of filing of the suit and on demand, they failed to pay rent of the suit house to the plaintiff and hence, the plaintiff filed the suit for eviction of the defendants and also for payment of arrears of rent.

(3.) FROM perusal of the judgment of the trial, court it appears that on the basis of the pleadings of both the parties, the learned trial court framed as many as seven issues for determination. The issues framed by the trial court are as follows :