MOHAN LAL MANJHI Vs. BALDEO RAJ KHANNA

JUDGEMENT

(1.) THIS appeal, at the instance of the plaintiff/appellant, is directed against the judgment and decree dated 26 -7 -86 passed by the 2nd Addl. Sub -Judge, Dhanbad in T.A. No. 47/85 whereby the learned Court below has allowed the appeal and reversed the judgment and decree passed by the Munsif, 1st Court, Dhanbad in Title (Eviction) suit No. 44/84 and dismissed the suit filed by the plaintiff for a decree of eviction of the defendant -respondent from the suit premises.

(2.) SHORT facts of the case are that the plaintiff instituted the aforementioned suit for a decree of the eviction of the defendant on the ground of default in payment of rent and also on the ground of sub -letting. Plaintiffs case is that he (Mohanlal Manjhi) and his brother through Popet Lal Chouhan inducted the defendant in a portion of the suit premises on monthly rent of Rs. 75/ -. It is alleged that the defendant had failed and neglected in payment of rent since April 1983 and hence he is liable to be evicted under Section 11(1)(a) of the Bihar Building (Lease, Rent and Eviction) Control, Act, 1983. It is further alleged that the defendant, in breach of the terms of tenancy, sub -let the suit premises.

(3.) THE trial Court framed as many as seven issues and decided all the issues in favour of the plaintiff/appellant. The trial Court held that the plaintiff is a Hindu undivided family business and, therefore, it comes within the inclusive definition of the term landlord' and it can maintain a suit for eviction. The trial Court, therefore, decreed the suit.