SINGHBHUM Vs. AMRESH KUMAR SAO

JUDGEMENT

(1.) Heard Mr. Sachi Nandan Das assisted by Mr. Arun Kumar, learned counsel for the appellant and Mr. Rahul Kumar Gupta, learned counsel appearing for the respondent who has also filed caveat application.

(2.) The appellant has preferred this Second Appeal against the judgment and decree dated 01.06.2018 and 08.06.2018 respectively passed by the learned District Judge-II, West Singhbhum at Chaibasa in Eviction Appeal No. 11 of 2007, whereby, the judgment and decree dated 14.08.2007 and 28.08.2007 respectively passed by the learned Munsif, Chaibasa in Eviction Suit No. 9 of 2004 has been confirmed.

(3.) Eviction Suit No. 9 of 2004 was instituted by the respondent/plaintiff for eviction of appellant/defendant from the suit property under Section 11(1) (c) and (d) of the Bihar Building (Lease Rent and Eviction) Control Act, 1982 (for the sake of brevity hereinafter to be referred to as the Act, 1982) and also for recovery of arrears of rent described in Schedule-B of the plaint. The suit property described in Schedule-A of the plaint as portion of house and premises bearing Municipal Holding No. 2/3, Ward No.2 of Chakradharpur Municipality, P.O. & P.S. Chakradharpur, District- Singhbhum West on the south-western side of the holding and bounded on North by portion of same holding in occupation of Jagdish Sao South portion of same holding in occupation of Nageshwar Oil Mill of Sanjay Sah, West portion of same holding in occupation of Duli Chand Sao and on west road.