BRAHMA DEVI Vs. MALTI DEVI

JUDGEMENT

(1.) THE defendants are the appellants, who have lost in both the courts below. The matter related to eviction, one Munna Pandey from the suit house situated over Survey Plot No. 13, bearing Holding No. 18 within Circle No. 84, Ward No. 20 in Mahallah Kharakuan, Police Station Alamganj of Patna town.

(2.) ACCORDING to the plaintiff, she purchased the suit house through registered sale deed dated 20.6.1975 from Brahmdeo Pandey and came in possession thereof. On 1.9.1975 she inducted the defendant, Munna Pandey as a tenant therein at a monthly rental of Rs. 30/ . He defaulted in payment of rent from March, 1978 onward upto May, 1979 and made himself liable for eviction under Section 12(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control, Act, 1977 (hereinafter referred to as 'the Act'). She further claimed to require the suit house for her own use and occupation.

(3.) NEITHER the plaintiff was the owner of the suit house nor the defendant was a tenant therein. There was no relationship of landlady and tenant between the parties. The defendant was living in the suit house in his own right as one of the owners thereof.