SUNIL KUMAR KESHRI Vs. SADHANA GANGULI

JUDGEMENT

(1.) The plaintiff-opposite party filed Title (Eviction) Suit No. 30 of 1989, against the defendant petitioner for eviction under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as "the Act" for short). According to the plaintiff, the fixed term of tenancy of the defendant expired on 30.11.1988 and, thereafter he became liable for eviction from the suit premises detailed in the schedule to the plaint under Section 11(1)(c) of the Act.

(2.) The defendant appeared, filed written statement and contested the suit on the ground, inter alia, that the tenancy was renewed and rent for the month of December, 1988 was accepted by the plaintiff and for that on 4.1.1989 rent receipt was security. According to the defendant he never deposited one month's rent together with one month's electric charges as security. The plaintiff fixed an iron made stair case in front of the shop of the defendant and thereby violated the term of tenancy and so the defendant filed House Rent Control Case before the House Rent Controller, Dhanbad, and the suit was the counter blast thereof.

(3.) It appears that the tenancy started from 1.1.1988 on the basis of a written Agreement which was for a fixed period of eleven months only. On the expiry of the said period the tenant failed to vacate the suit promises. A House Rent Control Case No. 3 of 1989. Under Section 10 of the Act was filed by the tenant. After termination of the said tenancy on 30.11.1988, the tenant tendered rent for the month of December, 1988 which was accepted by the landlord and a receipt was granted thereof.