SHIVESHWAR PRASAD Vs. PARMESHWAR PRASAD CHAUDHRY

JUDGEMENT

(1.) This is an appeal by defendants 1 and 2 who are aggrieved by the concurrent decisions of the Courts below decreeing the suit of the plaintiff for ejectment of the appellants from a portion of the house which was in their occupation as monthly tenants in the circumstances about to be narrated. The main question argued before us is whether the appellants are protected from eviction by the application of the Bihar House Rent Control Order of 1942 (hereinafter to be referred to as the Control Order) and the application of the Bihar Buildings Control Act, 1947 (hereinafter referred to as the Act) or its predecessor the Control Ordinance, 2 of 1946.

(2.) The facts found may be shortly stated. The plaintiff is the proprietor of 13 annas l& pies share in the house situated in the town of Patna, being Holding No. 75 of circle No. 24, as the result of a decree in a partition suit between him and the remaining co-sharers. The decree was obtained in 1939 and the plaintiff got delivery of possession on 13 August 1940, by which he was put in possession of a separate takhta--with regard to the remaining 2 annas 10frac12; pies share a separate takhta was carved and allotted to the co-sharers.

(3.) It has been found that one Abdul Hakum, who was in charge of the management of the house on behalf of the original owners inducted the defendants as tenants by a kabuliat dated 27 October 1934--the period of the tenancy was from 1 November 1934, to 31 October 1935. On the expiration of the said term, the defendants held over as monthly tenants right up to the date when delivery of possession was obtained by the plaintiff for his 13 annas and odd share. On 28 March 1941, the plaintiff served a notice on the defendants to vacate his portion of the house by 30 April 1941. As the defendants failed to carry out the terms of the notice, the plaintiff instituted the suit giving rise to this appeal on 3 May 1941, in which he alleged that the defendants became trespassers from 1 May 1941, and therefore liable to be evicted. The plaintiff also claimed arrears of house-rent at the rate of Rs. 60 per mensem from the date of delivery of possession up to 30 April 1941, together with interest thereon, damages at the rate of Rs. 3 per day from 1 May 1941 to 3 May 1941, the date of the institution of the suit and mesne profits in future till delivery of possession.