VISHWANATH SHARMA Vs. SHEO PRASAD SAH

JUDGEMENT

(1.) THE appeal has been filed against the judgment and decree dated 8.1.1993 passed by 2nd Addl. Dist Judge, Sitamarhi in title Appeal No. 50/25 of 1990-92 affirming the judgment and decree dated 28.8.1990 passed by Munsif, Sitamarhi (West) in Title Suit No. 9/89.

(2.) THE plaintiffs-respondents filed a suit against the defendant-appellant for eviction stating therein that they had constructed a Cinema Hall named as Mahadeo Chitra Mandir in the year 1977. They leased out the Cinema Hall to the defendant for 11 years and a deed of lease was executed on 31.7.1985 which was to expire on 31.7.1996. The monthly rent was Rs. 250. The rent was to be paid by the 5th day of the succeeding month. In case of defaulting payment of rent the lesser would be entitled to evict the defendant from the suit premises. The lessee had to bear all the expenses for running the Cinema Hall including electricity charges etc. The defendant was given possession of the Cinema Hall with all the furniture and materials for display of Cinema with effect from 1.8.1985. The defendant did not pay the monthly rent since the day the premises was leased out to him. A notice under Section 106 of the Transfer of Property Act was served on the defendant terminating the tenancy and requesting to vacate the suit premises. The plaintiffs were also in bona fide need of the suit premises for their sons and nephews who were sitting idle. The defendant damaged the furniture, building and the articles of the Cinema Hall.

(3.) THE trial Court decreed the suit holding that there was relationship of landlord and tenant. The defendant defaulted in payment of rent and the plaintiffs were in bona fide need of the suit premises. On appeal by the defendant the appellate Court affirmed the finding with regard to relationship of landlord and tenant and default in payment of rent, however, reversed the finding of the trial Court with regard to personal need of the suit premises and, accordingly, dismissed the appeal.