DHURI GOPE, SON OF RAMCHANDER GOPE OF MOHALLA MURARPUR, P.O. BIHARSHARIF, P.S. LAHERI, DISTRICT NALANDA Vs. ARJUN KUMAR, SON OF JANKI SAO & ORS.

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondents. This second appeal has been filed by the defendant -respondent -appellant challenging the judgment and decree of the learned court of appeal below.

(2.) THE matter arises out of Eviction Suit No. 13 of 1939, which was filed by the plaintiff -appellant -respondents for eviction of the sole defendant on the ground of personal necessity of the plaintiffs for the suit premises and also on the ground of default in payment of rent by the defendant. The claim of the plaintiffs was based on six sale -deeds of 1997 -98 executed by the admitted owner Ajay Singh in favour of the plaintiffs with respect to the suit premises containing two tin shedded rooms with sahan.

(3.) THE said suit was dismissed by the learned Munsif, Biharsharif vide judgment and decree dated 23.05.2006 holding that there was no relationship of landlord and tenant between the parties and hence the suit was not maintainable under the Act and the grounds of eviction cannot be entertained. Against the aforesaid judgment and decree of the learned trial court, the plaintiffs filed Eviction Appeal No. 5 of 2006, which was allowed by the (earned 1st. Additional District Judge, Nalanda by his judgment and decree dated 5.7.2007 holding that there was relationship of landlord and tenant between the parties and decreeing the claim of the plaintiffs in the suit Against the aforesaid judgment and decree of the learned court of appeal below, the sole defendant has filed the instant second appeal.