MANOJ KUMAR SARAIKA Vs. RAMESH SAHU

JUDGEMENT

(1.) This Civil Revision application has been directed against the judgment and decree dated 4.6.1996 passed by Shri S.K. Srivastava, Munsif, Ranchi, in Eviction (Title) Suit No. 14 of 1995 under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as 'the Act').

(2.) The suit premises consists of a shop situated in the building comprised in M.S. Holding Nos. 1027 and 1097 within Ward No. II (old), present Ward No. VIII of Ranchi Municipal Corporation at Buchar Gali, Ranchi. The suit is based on a deed of settlement of the suit premises between the parties. According to the plaintiffs, although the deed dated 14.2.1990 has the nomenclature of usufructuary mortgage. It is a lease deed for all practical purposes and on the basis of the same, the defendant has been inducted as a tenant in the shop house on a monthly rental of Rs. 1000/- per quarter. By the deed, advance of Rs. 20,000/- has been taken from the defendant by the landlord-plaintiffs and the said amount is to be adjusted towards the rental as mentioned above within five years. According to the plaintiffs, after the five years was completed, the defendant-petitioner did not vacate the suit premises and hence eviction has been sought for on the ground of expiry of the term of tenancy as contemplated under the Act. The suit was proceeded under the summary procedure under Section 14 of the Act.

(3.) The main contest in the suit is with respect to the interpretation of the deed as to whether it is a mortgage deed. The learned court below decreed the suit after consideration of legality and other oral evidence to the effect that the deed although it was mentioned as a mortgage deed but it was practically a lease deed and hence after the period of lease, the defendant is liable for eviction.