CHANRU SAH Vs. USHARANI DAS GUPTA

JUDGEMENT

(1.) The plaintiff appellant in the second appeal filed a suit for eviction of the defendant respondents from the suit premises on three grounds: (1) that the tenant defendant had, defaulted in payment of rent the rate of which was Rs. 7/- per month, for the period May, 1960 to July, 1961; (2) that the premises had been sub-let by defendant first party to defendants second party without the consent of the landlord; and (3) that the appellant required the premises for his bona fide personal necessity.

(2.) Both the Courts below rejecting the defence taken by the defendants had held in favour of the appellant on all the three grounds. His case is, therefore, squarely covered by the provisions of Section of the Bihar Buildings (Lease, Kent and Eviction) Control Act, 1947. The suit was filed in the Court of the subordinate Judge at Dumka. It relates to the suit premises situated within Sahabganj Muni-ciplality in the district of Santhal Parganas which is undoubtedly the scheduled Area. The value of the dispute in the suit which was the value of the suit was Rs. 182/-, that is, Es. 84/-was the value put upon the relief of eviction being twelve months rental at the rate of Rs. 7/- per month and the claim of arrears of rent in the suit was to the tune of Rs. 98/-.

(3.) That suit was decreed by the trial Court, but has failed in the lower appellate Court in view of the Full Bench decision of this Court in Niranjan Pal v. Chaitanyalal Ghosh, (1964) BLJR 583 = (AIR 1964 Pat 401) (FB) on the ground of non-service of notice under Section 106 of the Transfer of Property Act.