UJJAL SING AND SONS Vs. RAJENDRA KUMAR KEDIA

JUDGEMENT

(1.) FOR last thirty years the parties are fighting for eviction of suit premises. Title Suit No. 1149 of 1968 was filed by the plaintiffs appellants respondents against the defendants respondents appellants on the plea of defaulter and on many other grounds.

(2.) THE plaintiffs' case was that Ram Narayan Kedia and Mohan Lal Kedia were the owner of the suit premises and the defendants Ujjal Singh and his sons having a partnership firm took the suit house on rental but the defendants defaulted in payment of rent for the month of June and July, 1966 and also had sublet a part of the suit premises. It was the specific case of the plaintiffs that the defendants tenant had neither paid nor tendered rent for the month of June and July, 1966 nor remitted the same by Money Order at any time before 21.9.1966. It was further alleged that the partnership which was constituted by Defendant Nos. 2 to 5 has introduced Defendant No. 6 as a tenant since January, 1955 which amounted to subletting.

(3.) AT the initial stage, the suit was dismissed by the Munsif, Ranchi vide judgment and decree dated 9.8.1974 holding that there has been no tendering and subletting. It must be mentioned here that the relationship between the landlord and tenant became strained long back and plaintiffs had also filed two eviction suits on previous occasion on default ground and many other grounds, but those Eviction suits had been dismissed and that the plaintiffs were in search of getting any clue or negligence on the part of the defendants for coming up for an eviction suit.