JYOTI PD VERMA Vs. BASANTI DEVI

JUDGEMENT

(1.) This Second Appeal has been preferred against the judgment and decree dated 14.12.87 passed by Sri B.N.P. Singh, 3rd Additional District Judge, Nawadah, in Title Appeal No. 5/83 / 71/87 confirming the judgment and decree dated 5.3.83 passed by Sri Dharnidhar Das Guru, Munsif, Nawadah, in Title Suit No. 24 of 1979 and decreed the suit of the plaintiffs for eviction of the defendant from the suit premises.

(2.) The case of the plaintiff, in short, is that the defendant is the tenant of the pucca Room and the verandah bearing Holding No. 41/A Ward No. 7 of the Nawadah Municipality on monthly rental of Rs. 35.00 only. It is stated that the defendant paid rent till Dec., 1976 for which sada rent receipts were granted by plaintiff o. 1. The defendant did not pay rent from Jan., 1977 to April. 1979 in spite of several demands as such he committed default. It is further stated that the suit premises is reasonably and in good faith required by the plaintiffs for engaging plaintiff No. 2 in business who is sitting idle. Notice was served upon the defendant but the defendant did not listen to and hence the necessity of filing the suit arose.

(3.) The case of the defendant is that the defendant paid the rent till Sept., 1978 but no rent receipt was granted by the plaintiff No. 1. In 1978, on the occasion of Deepawali the defendant requested the plaintiff to make some more repair but the plaintiff did not do so and started creating trouble for the sole purpose of enhancing the rent. The rent for Sept., 1978 was paid on 5.10.78 but the plaintiff refused to grant receipt. The defendant thereafter remitted the rent by Money Order regularly and so the defendant has not committed any default. It is further stated that the plaintiffs have other shop rooms in the house in her occupation and so the case of bona fide requirement of the suit premises is false and concocted. It has further been stated that the plaintiffs are not entitled to any relief and the suit is liable to be dismissed.