NARAYAN PRASAD KATARUKA Vs. JUTHARAM JANKIDAS

JUDGEMENT

(1.) THIS is the defendants second appeal. The plaintiff -respondent filed an Eviction Suit No. 7 of 1990 in the Court of Munsif, Chaibasa, seeking eviction of the defendant from the premises in question on the ground of default in payment of rent and recovery of arrears of rent. The suit was decreed by the learned Munsif by judgment and decree dated 21. -2 -91 /6 -3 -91, whereby and whereunder the defendant was directed to vacate the suit premises and to pay arrears of rent to the tune of Rs. 3,240.00 with cost. The defendant, thereafter, filed an appeal in the Court of learned District Judge, Chaibasa, which has been dismissed by the learned 4th Additional District Judge, Singhbhum at Chaibasa. Being aggrieved thereby the defendant has filed this second appeal. .

(2.) AT the time of admission of this appeal, this Court formulated the following substantial questions of law:

(3.) SEC . 11 of the Act prohibits eviction of a tenant from any building except on one or more of the grounds mentioned therein. The ground No. 4, contained in Clause (d) of Sub -sec. (1) of the Sec. 11, being relevant for deciding the controversy in the instant appeal, is reproduced below: