SIYA SARAN SINGH Vs. JAMUNA DEVI

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree of affirmance passed by the 3rd Additional District Judge, Begusarai, dismissing the appeal preferred by the tenant appellant. The plaintiff-respondent had filed a title suit bearing Title Suit No. 81 of 1977 before the Munsif, 2nd Court, Begusarai, for eviction of the tenant-appellant from the suit premises and also for arrears of rent which was decreed.

(2.) The case of the plaintiff was that one Narain Ram had taken settlement of 1 katha and 5 dhoors of land of survey plot No. 440 situate in village Mukimpur from the ex-landlord more than 40 years ago. On scientific measurement, however, the area of the settled land was found to be larger. Narain Ram sold 8 dhoors to Hiraman Devi and 4 dhoors to Kaushalaya Devi out of the settled land and constructed a building on the remaining 1 katha 4 dhoors and 15 dhurkis. After his death in 1963, his only son Raghunath Saran along with the aforesaid Kaushalya Devi sold the suit house and land to one Devi Prasad Tulsiyan by a registered sale deed dt. 30-1-1974 and put him in possession. Soon after the purchase Debi Prasad Tulsiyan let out the house to the defendant on a monthly rental of Rs. 10/- which the latter continued to pay to him till July 1976. On 9-8-1976 Debi Prasad Tulsiyan sold the house to the plaintiff respondent by a registered sale deed and since then the plaintiff is in possession of the land and house through the defendant, who continued to be his tenant He, however, made repeated requests to the defendant to vacate the house and to pay arrears of rent, but the defendant did not accede to his request. Hence, after serving a registered notice on the defendant, the plaintiff brought the present suit for eviction as well as for arrears of rent.

(3.) The defendant filed written statement in which he alleged that Narain Ram had acquired the land and had constructed the house in question on behalf of Thakur Yugal Kishore Sankarjee and had also installed Thakurjee in the building. Narain Ram, who was a Peon, retired from the service in 1958 and thereafter he went to village home in Saharsa District, after appointing the defendant as Shebait of the temple, and entrusting the suit house and the land to him. It has been asserted by the defendant that he is in possession of the suit land and the house in the capacity of Shebait and not as a tenant.