RAJESHWAR PRASAD Vs. SITA RAM MARWARI

JUDGEMENT

(1.) The defendants preferred this second appeal before this court. The plaintiff brought a suit under Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 for eviction of the defendants from the suit premises on the ground of personal necessity as well as on the ground of non-payment of rent.

(2.) The case of the plaintiff was that he took permanent settlement from one Wasi Haider on 17-6-1968. Wasi Haider being the Mutawalli of Bihar Subai Sunni Majlish-e-Waqf granted a permanent settlement to the plaintiff. The Bihar Subai Sunni Majlish-e-Waqf brought Title Suit No. 1 of 1950 before Subordinate Judge, Patna. In that suit the trial court by its judgment (Ext K) held that the lease granted by the Mutwalli in favour of the plaintiff was void. In First Appeal No. 59 of 1955 a learned single Judge of the Patna High Court upheld the judgment of the trial court. In Letters Patent Appeal No. 15 of 1959 a Division Bench of the Patna High Court also upheld the judgment of the trial court (Ext K/1).

(3.) On the basis of these judgments the case of the defendants was that there was no relationship of landlord and tenant. The trial court accepted the plea of the defendants and held that there was no relationship of landlord and tenant.