KAMESHWAR TEWARI Vs. VIJOY KUMAR SHARMA

JUDGEMENT

(1.) The-plaintiffs as owners of the house standing over plot No. 449 in Mohalla Hamidganj, Municipal Ward No. 13 of Daltonganj-town filed Eviction Suit No.5 of 1989 under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act. 1982 (herein after referred to as 'the Act') against the defendant for eviction from the premises which is a portion of the said house consisting of two rooms on the ground floor with a courtyard, two verandas and a service latrine described in detail in the plaint.

(2.) According to the plaintiffs on 1.1.1985, the defendant was inducted as tenant in the suit house on a monthly rental of Rs. 50/-. The tenancy was for a fixed period for which an agreement (Kabuliat) was executed by the, defendant, but on the expiry of the above period, the defendant did not vacate the same. Further, plaintiffs 2 and 3 have become adult; the plaintiff No. 2 got married and number of family members increased. The plaintiffs as such were feeling difficulties in accommodation arid residence and so they required the suit house for their personal use and occupation.

(3.) The defendant in his written statement denied any relationship of landlord and tenants between him and the plaintiffs and claimed the suit premises to have been acquired by his grand-father and his possession thereon in his own right. He also denied execution of any agreement and/or payment of rent to the plaintiffs.