SHRI LAL RATNAKAR Vs. VINITA SAHA

JUDGEMENT

(1.) This is an appeal against the judgment and decree of Additional District Judge, Patna, dated 27th March, 1996, whereby the appeal preferred by the appellant against the decree of Mumif in Eviction suit No. 26 of 1992 was dismissed.

(2.) The current decree of the Court below is assailed in this appeal inter alia on the following grounds:

(3.) The plaintiff No. 1 had purchased the suit premises under a registered sale deed dated 16-8-90. The defendant-appellant was a tenant in the suit premises at the monthly rental of Rs. 400/- per month. According to the plaintiff he purchased the suit property for his own personal necessity. It is alleged in the plaint that the defendant defaulted in payment of rent will fully and deliberately from the month of November, 1990, and as such he is liable to be evicted. A legal notice dated 21-12-90 was served on defendant asking him to pay the rent to plaintiff No. 2 and also wrote to the ex-landlord not to accept rent any more from the defendant and rent received so far be refunded. The plaintiffs in paragraph No. 18 of the plaint states as follows: