NALANDA. Vs. ARJUN KUMAR, SON OF JANKI SAO

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondents.

(2.) THIS second appeal has been filed by the defendant -respondent -appellant challenging the judgment and decree of the learned court of appeal below. The matter arises out of Eviction Suit No. 13 of 1999, 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 tinshedded rooms with sahan.

(3.) ON the other hand, the claim of the defendant was that he was never a tenant of the plaintiffs, rather being the Barahil of the erstwhile owner Ajay Singh, he was permitted to reside in the suit premises by the said owner and on that basis he is living therein and is having his khatal. It was also claimed by the defendant that there being no relationship of landlord and tenant between the parties, provision of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 ( hereinafter referred to as 'the Act ' for the sake of brevity ) was not applicable and there was no question of any default in payment of rent by him nor was there any question of bona fide personal requirement of the plaintiffs.