TARA RAM Vs. VIDYA DEVI

JUDGEMENT

(1.) The appellant is aggrieved by the judgment and decree, dated 20.09.2011, passed by learned Additional District Judge, Fast Track Court No. 1, Rohtas, at Sasaram, in Title Appeal (Eviction) No. 21 of 2010, whereby and whereunder he has affirmed the judgment and decree, dated 08.02.2010, passed by learned Munsif I, Rohtas, at Sasaram, in Eviction Suit No. 2 of 2002.

(2.) The respondent herein was the plaintiff before the learned Trial Court. The plaintiff filed the said eviction suit seeking decree of eviction from the suit land and the house, described in Schedule B of the plaint and arrears of rent from January, 2001 to February, 2002. She claimed to be the owner of the suit property, which she had purchased through registered sale deed, dated 04.07.1983. It was also her case that on request having been made by the defendant/appellant for letting out a portion of the house, the plaintiff had given two rooms, described in Schedule B of the plaint, on rent, in the month of November, 1997, on a monthly rental of Rs. 50/-. This is an admitted fact that no paper of tenancy had was prepared and according to the plaintiff/respondent, the tenancy started on the basis of oral agreement. She also claimed to have received the rent from the appellant. With a further case that the appellant discontinued payment of rent and refused to vacate the house and obtained illegal electric connection, the appellant filed the eviction suit, being Eviction Suit No. 05 of 2000. It was also her case that in view of certain assurances given by the appellant/defendant that he would vacate the house, the respondent left doing pairvi in the said eviction suit, which stood dismissed, on 30.01.2001, for default. The plaintiff pleaded that after dismissal of the said eviction suit in default, the appellant stopped making payment of rent. Once, the sons of plaintiff became major and she had personal necessity of the disputed premises, she filed an eviction suit, under Section 14 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982, which came to registered as Eviction Suit No. 02 of 2002.

(3.) The defendant appeared and filed written statement denying the case of the respondent. It seems that the appellant/defendant claimed title over the suit property on the ground of him being the co-sharer.