NABA KUMAR SARKAR Vs. RAJ DEVI

JUDGEMENT

(1.) THIS appeal by the defendants tenant is directed against the judgment and decree dated 25 -3 -1988 passed by the 3rd Additional District Judge, Dhanbad in Title Appeal No. 21 / 80 confirming the judgment and decree dated 6 -3 -1980 passed by Munsif, 1st Court, Dhanbad in Title Suit No. 92 of 1979, whereby suit filed by the plaintiff/respondent for a decree for eviction on the ground or default in payment of rent has been decreed.

(2.) THIS appeal was admitted on the following substantial questions of law: Whether the appellants can be said to be defaulter when he used to remit rent before it became due and which used to be refused by the landlord.

(3.) THE trial Court framed the following issues for decision: