AWADH KISHORE SINGH Vs. RADHESHWAR PANDEY

JUDGEMENT

(1.) THIS second appeal has been filed by the sole defendant -respondent -appellant challenging the judgment and decree of the learned lower appellate court by which the judgment and decree of the trial court was reversed. The matter arises out of Eviction Suit No. 4 of 1986, which was filed by the sole plaintiff - appellant -respondent for declaration that the defendant was the tenant of plaintiff in the suit shop at the rent of Rs. 60.00 per month and also for his eviction on the ground of default and further for realization of arrears of rent to the tune of Rs. 1,200.00 and for other ancillary reliefs.

(2.) THE claim of the plaintiff was that the ex -landlords settled the land in question in favour of Babu Amrendra Bahadur Sinha by hukumnama dated 17 Baishakh 1350 Fasli and the said settlee paid rent and remained in possession over the settled land and after vesting of Zamindari in the State of Bihar also he was duly recorded in the Government records and used to pay rent. It was also claimed that subsequently in the year 1983 the said owner Babu Amrendra Bahadur Sinha entered into an agreement for sale of the suit premises with the plaintiff, in part performance thereof advance was paid by the plaintiff whereafter possession was also given to him and thereafter while he was seriously ill at Delhi, at his instruction his son Brajendra Bahadur Sinha executed sale deed on 25.5.1986 in favour of plaintiff with respect to the suit land and got it registered. It was further claimed by the plaintiff that the said sale deed was also witnessed by his father and brother and subsequent thereto the father, namely Amrendra Bahadur Sinha also died. It was also asserted that after coming into possession plaintiff constructed shop and inducted the defendant in the same shop room on 1.6.1984 at the rent of Rs. 60.00 per month.

(3.) It was further claimed by the plaintiff that the defendant paid rent up till the month of February, 1985 but the defendant did not pay any rent from March, 1985 onward to the plaintiff and became a defaulter due to which the plaintiff was constrained to file the suit on 25.11.1986 for defendant 's eviction.