JASWANT SINGH Vs. DINESH PRASAD

JUDGEMENT

(1.) This second appeal is against the judgment and decree dated 4th January, 2008 (decree signed on 11.1.2008) passed by learned 5th Additional District Judge, Jamshedpur, East Singhbhum in Eviction Appeal no. 23 of 2006, whereby learned lower appellate court has upheld the judgment and decree passed by learned Munsif, Jamshedpur in Eviction Suit no. 33 of 2001.

(2.) The appellant was the defendant in Eviction Suit no. 33 of 2001. The said suit was filed by the plaintiffs-respondents praying for a decree for eviction of the defendant-appellant.

(3.) The plaintiffs' case, was that they are the owner and landlord of the suit premises measuring an area of 1436 Sqf. at mouza-Golmuri, fully described in Schedule 'A' of the plaint. The defendant was inducted as a tenant in the shop premises on monthly rent- payable @ Rs. 2200/- according to the English Calendar month. The defendant had advanced a sum of Rs. 20,000/- to the plaintiffs as loan on 20th January, 2000. Out of which Rs. 6,300/- was paid by plaintiff no. 1 to the defendant on 27.7.2000 by cheque. The balance amount of Rs. 13,700/- was to be adjusted against monthly rent payable by the defendant. The defendant had earlier given Rs. 65,000/- as advance to the plaintiffs on 7.6.1997 for renovation of the suit shop. Out of the said amount, the plaintiffs had paid Rs. 40,000/- by two cheques of Canara Bank dated 13.6.1998. The balance amount was adjusted against the arrears of rent payable by the defendant to the plaintiffs. The monthly rate of rent and other terms and conditions were mentioned in the agreement of tenancy dated 4.4.1998. The defendant paid rent upto August, 1998. He did not pay rent for the suit premises since thereafter. The balance amount of advance was adjusted towards the monthly rent. After adjustment of all the sums, the defendant is liable to pay arrears of rent for the suit premises amounting to Rs. 33,900/- from September, 1998 to June, 2001 But the defendant failed to make payment of the arrears or current monthly rent after adjustment of the amount and make himself defaulter. The plaintiffs requested the defendant to pay the arrears of rent, but the defendant did not pay the rent and rendered himself defaulter for non-payment of rent from September, 998 till the date of filing suit. The defendant is, thus, liable to be evicted from the suit premises on that ground.