SHYAMDEO PRASAD Vs. QUURBAN HUSSAIN HAWARI

JUDGEMENT

(1.) This Civil Revision has been directed against the Judgment dated 05.05.2008, passed by Additional Munsif-III, Ranchi and Decree signed on 14.05.2008, in connection with Title Eviction Suit No. 54/2001 by which the Suit filed by the opposite party Nos. 1 to 3 has been decreed in view of the provisions contained under Section 11(1)(e) read with Section 14 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as an 'Act' in short) and the petitioner has been directed to vacate the suit premises within three months from the date of Judgment failing which he shall be liable to be evicted with due process of Court. The respondent Nos. 1 to 3 (hereinafter referred as 'plaintiffs') filed Title Eviction Suit No. 54/2001 on 24.12.2001 for (A) a decree for ejectment of petitioner (hereinafter referred as 'defendant No. V) from the suit premises and the plaintiffs be put in khas possession over the same; (B) Relief for cost of the Suit; and (C) For a decree for such other renef or reliefs if any, that the plaintiffs may be found entitled to.

(2.) The defendant No. 1 was served with a notice dated 20.06.2001 by which he was directed to vacate and deliver vacant possession of the Suit premises within two weeks from the date of receipt of the notice, but he did not comply the direction even after receipt of said notice. Despite service of notice and after expiry of period of lease when the defendant No. 1 has not vacated the suit premises, cause of action arose on 28.02.2001 and on the date on which the notice was served and on subsequent dates.

(3.) The defendant No. 1 appeared in the suit and filed written statement stating therein that the suit filed by the plaintiffs is false, frivolous, vexatious, not maintainable, barred by principles of waiver, estoppels and acquiescence and therefore, liable to be dismissed. No cause of action ever arose for filing the suit.