CHANDRA KALA DEVI Vs. DEOPARI DEVI

JUDGEMENT

(1.) Plaintiff filed Title Suit No. 89 of 1980 for eviction of defendants from the suit house, described at the foot of the plaint and for realisation of arrears of rent with interest and costs. Suit house consisted one room facing east standing over R.S. Plot No. 8521, corresponding C.S. Plot No. 5681, situated at Hayaghat Bazar within Darbhanga district.

(2.) Admittedly, the suit plot was recorded as Gairmazrua Malik in C.S. Khatian. According to plaintiff, the then landlord, namely, Darbhanga Raj made settlement thereof to Babulal Choudhary, who had executed a registered Kabuliat thereby on 1 -12 -1909 in favour of Raj. Subsequently, plaintiff purchased it by registered deed dated 13 -10 -1970 from settlee.

(3.) Plaintiff's further case was that defendant was inducted as tenant in the suit, premises in the year 1977. He defaulted in payment of rent from 5 -9 -1970 to 4 -8 -1980 and as such he was liable to be evicted under Section 12(l)(d) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1977 and plaintiff was entitled to recover arrears of rent from him.