ASHRAF ALI ANSARI Vs. RAM LOCHAN SINGH

JUDGEMENT

(1.) IN this second appeal, at the stage of admission, it was seen that the respondent had filed a Caveat. Hence even at this stage, the second appeal was finally heard.

(2.) THIS is an appeal by the defendant in a suit for eviction under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. The plaintiff obtained an assignment of the suit building on 15.12.1987. As an assignee landlord, he issued a notice to the defendant on 22.1.1988 which was received by the defendant on 27.1.1988., Thereafter, it is seen that the defendant was paying rent to the plaintiff and his case was that receipt were being given, not regularly but once in 3 or 4 months. The plaintiff approached the Court with the suit on 30.9.1999 on a plea that the defendant had defaulted in paying rent at the rate of Rs. 400/ - per month from the month of August, 1997 and has hence become a defaulter within the meaning of Section 11(1)(d) of the Act. The plaintiff, therefore, claimed that he was entitled to a decree for eviction on the ground that the defendant has defaulted in paying the rent.

(3.) AT the hearing, learned counsel for the defendant submitted that the question whether the decree for eviction under Section 11(1)(d) of the Act passed by the Courts below was legal and within jurisdiction, was the substantial question of law that arose for consideration.