GAURI SAO Vs. RAMKISHUN SAO

JUDGEMENT

(1.) This appeal is by the defendants from the judgment of the learned Subordinate Judge, Barh, setting aside the judgment and decree of the trial court and decreeing the plaintiffs' suit for ejectment and also allowing them compensation at the rate of Rs. 15/ - per month as the appellants were admittedly in possession of the disputed house.

(2.) The plaintiffs' suit was for ejectment of the defendants and also for recovery of arrears of house rent in respect of the suit land. Admittedly, Jittoo Sao, defendant 1, who is now dead, was the own brother -in -law of the plaintiffs, having been married to one of the sisters of the plaintiffs, who are the sons of Inderdeo Sao. The plaintiffs' case was that the land in suit, which is a double storied house, belonged to them and that Jittoo Sao took the lower flat of the house on a monthly rental of Rs. 15/ - in the year 1955 and he paid rent for sometime, but thereafter he defaulted in payment of the rent and also refused to vacate the house, and, therefore, the present suit was instituted for eviction and arrears of rent.

(3.) The suit was contested by the deceased Jittoo Sao and Gauri Sao, son of Jittoo Sao. After the death of Jittoo Sao, original defendant 1, his two married daughters, who are respondents 5 and 6 to this appeal, were substituted as defendants. Jittoo Sao and Gauri Sao both filed a joint written statement in which they admitted that the rent claimed house belonged to the plaintiffs, but they alleged that the house had been orally gifted to Jittoo Sao's wife at the time of his marriage with her about 50 years ago, and, therefore, they claimed that they had title to the land in suit as owners of the house and there was no relationship of landlord and tenant at all.