BATA SHOES LTD. Vs. REBA GORAIN

JUDGEMENT

(1.) This civil revision application has been filed under Section 14(8) of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (the Act for short) against the judgment and decree dated 17.6.2008 passed in Eviction Suit No. 8 of 2001 by learned Sub Judge- VI, Dhanbad, whereby the suit for eviction filed on behalf of the plaintiff- opposite parties (hereinafter referred as the landlord) has been decreed.

(2.) The case of the landlord, in short, is as follows. The husband of the Plaintiff No. 1 and father of Plaintiffs No. 2 to 4, late D.C. Gorain inducted the petitioner- tenant under a Lease Deed dated 20.7.1987 w.e.f 1st March 1987 for 10 years in respect of the shop-suit premises. The lease was renewed for another 5 years. The tenant has kept the shop closed since March, 2000. It did not opt for renewal before the lease expired on 28.2.2002 (Para-4 of the Plaint). D.C. Gorain died on 30.11.2001 which was informed to the tenant by letter dated 31.12.2001. The tenant acknowledging the said letter though requested the landlord to comply with certain formalities so that rent could be paid to them, being the heirs of D.C. Gorain; but it did not exercise option for renewal; and as such on expiry of lease the tenant has became liable for eviction. The tenant has also not paid rent from January, 2002. The landlord also prayed for leave under Order II Rule 2 of the Code of Civil Procedure for filing a fresh suit for recovery of rent.

(3.) In reply to Para-4 of the Plaint, only this much was said that the tenant got prepared a Draft for rent for the period from 1.1.2002 to 31.3.2002 and sent it to the landlord, but due to demise of the landlord- D.C. Gorain, it could not be encashed and when the death was informed by his heirs- the landlords, they were asked to perform certain formalities and on fulfilling them the tenant issued draft dated 28.4.2002 against rent payable from 1.1.2002 to 30.6.2002 which was returned by the landlord. The landlord never intended or informed to vacate the premises and the shop was not closed. After death of D.C. Gorain, the tenant asked the landlord to fulfill the formalities i.e. preparation of lease deed and execute it and the tenant was waiting in good faith for the response Thus, the assertion of the landlord, that the tenant did not opt for renewal before expiry of lease, was not denied and disputed by the tenant. However, it was said that in terms of clause III of the original lease, the lease continued on month to month basis, even if the tenant did not opt for renewal.