RAJ KUMAR PRASAD Vs. KAUSHILYA DEVI

JUDGEMENT

(1.) THIS revision application has been preferred by defendant -petitioner against the order dated 24th May, 1995 passed by learned Munsif, Nalanda in Eviction Suit No. 9 of 1992. By the impugned order, the petition under Section 10 C.P.C. preferred by the defendant - petitioner has been rejected.

(2.) IT appears that Basant Sao had three sons, namely, Lakhan Lal, Raj Kumar Prasad and Shyam Nandan Prasad. Plaintiff -Opposite party is daughter -in -law of Basant Sao, being wife of Shyam Nandan Prasad. Lakhan Lal, brother of the petitioner, filed Title Suit No. 27/88 for partition of the suit land. Basant Sao, Shyam Nandan Prasad, the husband of the plaintiff -opposite party, as well as this petitioner were also parties to the said suit. Said Basant Sao contested the aforesaid Title Suit No. 27/88 and denied any share of Lakhan Lalor other sons, including the petitioner. The petitioner, who was defendant in the aforesaid suit supported the case of the said plaintiff Lakhan Lal. During the pendency of the said suit, the suit property was gifted by Basant Sao in favour of plaintiff -opposite party by one deed of gift dated 2nd June, 1989. Title suit No. 27/88 aforesaid was ultimately dismissed on 30th September, 1994. A finding relating to title was given in favour of Basant Sao. The defendant - petitioner and others have already preferred appeals (First Appeal Nos. 793/94 and 10/95) before this Court.

(3.) IN the meantime, during the pendency of the aforesaid suit, the plaintiff opposite party filed Eviction Suit No. 9/92 made claim as landlord on the basis 'of deed of gift dated 2nd June, 1989. This petitioner, brother -in -law of the plaintiff, was made defendant in the eviction suit. According to the plaintiff, she being the landlord and defendant being the tenant and defendant having failed to pay arrears of rent was liable for eviction. Further prayer was made for arrears of rent.