VIJOY KUMAR MINOCHA Vs. SUNITA BAGROY

JUDGEMENT

(1.) This Civil Revision has been directed against the judgment dated 20.01.2011 passed by learned Second Additional Munsif at Ranchi and decree signed on 04.02.2011 in connection with Eviction Title Suit No. 01/2007 whereby the petitioner/defendant has been directed to hand over the vacant possession of the suit premises to the plaintiff within a period of two months from the date of judgment.

(2.) The plaintiff has brought a suit against the petitioner for evicting him from the suit premises wholly and particularly described in the schedule annexed at the foot of the plaint and further after evicting the petitioner for putting the plaintiff/opposite party in Khas possession over the same. It is disclosed that one shop premises with fittings over Holding No. 515/C-1 in Ward No. III, Khata No.1786 situated at main road within (Ranchi-Chaibasa Road) near Pee Pee Compound, P.S. Hindpiri, District- Ranchi butted and bounded on the north and south by other shops and on the east open space and Main Road and on the west within 4' wide passage was given to the petitioner on rent for five years from 1.1.1997 to 31.12.2001 with option to the lessee/petitioner to renew the same for another five years. The aforesaid lease was renewed vide registered deed of lease dated 12.2.2002 for a fixed period of five years commencing from 1.1.2002 and ending on 31.12.2006 on monthly rent of Rs. 3168/-. In the fresh lease there was no provision for further renewal. A sum of Rs. 28,000/- as security to ensure due performance of the terms and obligations by the petitioner/defendant was also deposited with the plaintiff/opposite party and the amount was returnable without interest on the occasion of handing over the vacant possession of the suit premises. After expiry of period of lease the opposite party, through his lawyer issued a notice against the petitioner on 18.12.2006 asking him to vacate the suit premises after 31.12.2006. Since the petitioner failed to hand over the vacant possession of the suit premises after expiry of the period of lease, Eviction Title Suit No. 01/2007 was filed on 4.1.2007 as the cause of action arose on and from 31.12.2006 when the suit premises was not vacated and on subsequent dates. For the purpose of court-fee and jurisdiction the suit was valued at Rs. 31016/- and ad valorem court-fee was also deposited.

(3.) The petitioner/defendant after publication of the notice in local newspaper appeared in the court-below and filed an application for grant of leave to contest the suit and subsequent to grant of leave to contest the suit, written statement was filed. The petitioner has made out a case that the suit in its present form is not maintainable and barred by the principle of waiver, estoppels and acquiescence.