BISHWANATH PRASAD Vs. SHANTI DEVI

JUDGEMENT

(1.) The defendant preferred second appeal before this Court.

(2.) The plaintiff filed the suit for eviction of the defendant under Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter referred to as 'the Act') on the ground of non-payment of rent as well as on the ground of personal necessity. The case of the plaintiff was that he purchased the house in question by virtue of a registered sale deed dated llth October, 1971 (Ext. 2). This sale deed was executed by Jagarnath Prasad in favour of the plaintiff. Originally, Jamuna Prasad, the father of Jagarnath Prasad, was the owner of the suit property. Jamuna Prasad died leaving behind him his widow Sheokumari Devi and three sons, namely, Jagarnath Prasad, Baijnath Prasad and Vijay Prasad. It is said that there was a partition in the family and the suit house fell to the share of Jagarnath Prasad, Jagarnath Prasad thus being the owner of the suit property sold the house In question by a registered sale deed dated llth October, 1971 in favour of the plaintiff. The case of the plaintiff Is that the defendant-tenant did not pay rent since llth October, 1971 up to the date of the institution of the suit (17th August, 1972). The plaintiff also claimed eviction of the defendant on the ground of personal necessity. The defence of the tenant-defendant, on the other hand was that he took house on rent from Sheokumari Devil, wife of Jamuna Prasad, and Baijnath Prasad, son of Jamuna Prasad. The defendant also challenged the validity of the sale deed (Ext. 2).

(3.) On these facts, the trial court decreed the suit. On appeal, the lower appellate court affirmed the decree of eviction. Both the courts below concurrently held as follows:--