KRISHNA JALAN Vs. HARGOVIND SINGH

JUDGEMENT

(1.) The appellants are the defendants who have preferred the instant appeal against the judgment and decree passed in first appeal whereby and whereunder, the judgment decreed in favour of the plaintiff passed by the trial court has been affirmed.

(2.) An eviction suit was filed by the plaintiff with respect to the suit property as detailed in the plaint which happens to be the two godowns along with one shop room under Ranchi Municipal Corporation.

(3.) As per the Plaintiff's case the defendant was a month to month tenant under the plaintiff's vendor with respect to the suit property on a rent of Rs.255.00 per month. After the sale of the property by the vendor- Manmohan Kedia to the plaintiff..Hargovind Singh, the former immediately after sale on 25/5/2006 informed the defendant about it and requested him to attorn the plaintiff as his landlord and start payment of rent from May, 2006. The plaintiff also informed the defendant verbally about the purchase of the property by him but despite information the defendant did not pay the rent of the premises from May, 2006 and thereby incurred the liability of being evicted on the ground of default in payment of rent under Sec. 11 (1) (d) of the Bihar Buildings (Lease, Rent and Eviction Control) Act, 1982 (hereinafter referred to as the Act, 1982). The second ground of eviction taken in the plaint is for personal necessity under Sec. 11(1) (c) read with Sec. 14 of the Act, 1982 as the premises was purchased for doing business.