TUSHAR BASINI SAHA Vs. JAI PRAKASH CHOURASIA

JUDGEMENT

(1.) THIS appeal by the defendant -appellants is against the judgment of reversal passed by 3rd Additional District Judge, Dhanbad in Title Appeal No. 33/83, whereby he reversed the judgment and decree passed by the Munsif, Second Court, Dhanbad in Title Suit No. 83/80 and decreed the Title Suit No. 83/80 for eviction.

(2.) THE appeal was admitted on the following substantial questions of law : -

(3.) THE plaintiffs -respondents filed the aforesaid suit for a decree of eviction of the defendants from the suit premises on the ground of default and personal necessity. The original plaintiff was Udit Ram Barai and after his death his sons were substituted. The case of the original plaintiff is that the defendant was a monthly tenant under the plaintiff in respect of the tenanted premises on a monthly rent of Rs.57/ -. It was alleged that the defendant failed and neglected to pay the monthly rent from January, 79 till the month of April, 80. The plaintiff also made out a case that he required the suit premises for his own use and occupation in order to start business for his sons after making necessary reconstruction. As stated above, during the pendency of the suit the original plaintiff died and his sons were substituted and made parties. However, no addition or alteration was made in the plaint by the substituted plaintiffs.