GOPAL AGRAWAL Vs. SANDEEP KUMAR SAO

JUDGEMENT

(1.) Heard, learned Senior counsel for the appellant, Mr. Anil Kumar assisted by learned counsel, Ms. Chandana Kumari.

(2.) The tenant is the appellant before this Court. The appeal has been preferred against the judgment dated 14.08.2018 (decree signed on 28.08.2018) passed by learned District Judge-I, West Singhbhum at Chaibasa in Civil Appeal No.01 of 2010, affirming the judgment dated 26.11.2009 (decree signed on 05.12.2009) in Eviction Suit No.17 of 2007 passed by learned Munsif, Singhbhum West at Chaibasa.

(3.) Learned Senior counsel for the appellant, Mr. Anil Kumar has assailed the impugned judgment, on the ground that both the courts below have wrongly considered the appellant-tenant to be defaulter for non-payment of monthly rent of December, 2006 to April, 2007 rather the same has been remitted through Money-Order on 25.05.2007, as such, finding recorded by both the courts below is perverse and non-sustainable. The evidence of the defendant, regarding payment of rent for September, 1997 to December, 1997 paid on 24.01.1998 has not been considered properly by the lower courts below, as the tenancy was not monthly rather lumpsum payment was practice between the parties.