BACHHA SINGH Vs. RAGHUNANDAN PRASAD

JUDGEMENT

(1.) This second appeal by the tenant defentant is directed against the concurrent judgment and decree in the courts below. The trial court decreed the suit ex parte with costs. The lower appellate court has affirmed the said judgment and decree.

(2.) The plaintiff's case, in short, is that in execution of a mortgage decree against one B. K. Chatterjee the house property fully described in the schedule of the plaint was sold in court auction on 24th May, 1966 and was purchased by the plaintiff respondent. The defendant was a monthly tenant since the time of Mr. Chatterjee at the rate of Rs. 75 per month. After purchase the plaintiff obtained symbolical possession on 29th January, 1971. Thereafter a notice under Section 106 of the Transfer of Property Act as given to the defendant asking him to pay rent and arrears and to vacate the house. It has been alleged that Mr. Chatterjee and the defendant were colliding and, therefore, the defendant was not paying rent to the plaintiff. With these allegations the plaintiff filed the present suit which was numbered as Title Suit No. 102 of 1971, before the Munsif, Bhagalpur for eviction of the defendant from the suit premises fully described in the plaint on the ground of default in payment of rent from the date of purchase i.e. 25th May, 1966 at the rate of Rs. 75 per month.

(3.) The defence, in short, was that Mr. Chatterjee was a necessary party as the rights and liabilities on Chatterjee and the plaintiff is the subject matter in Title Suit No. 49 of 1971, which is pending in the court of the Subordinate Judge, Bhagalpur. The further defence was that there was no relationship of landlord and tenant between the parties, and that the defendant was paying rent to Mr. Chatterjee and had also given an advance rent of Rs. 5000.