KRISHNA KUMAR SHARMA Vs. VERSUS SAJJAN PODDAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 17.11.1998 and decree dated 27.11.1998 passed and signed by the Additional District Judge, Sahebganj in Title (Eviction) Appeal No. 12 of 1991 whereby the judgment and decree passed and signed in connection with Title Suit No. 47 of 1987 has been set aside and the appeal has been allowed and the appellant defendant has been directed to give delivery of possession of the suit premises to the plaintiff within two months from the date of judgment.

(2.) THE appellant was the defendant whereas respondent in the present appeal was the plaintiff in the original suit.

(3.) THE defendant filed written statement stating therein that no cause of action for filing the suit for eviction ever arose. He never become defaulter. He had regularly been paying rent to the plaintiff. When the plaintiff refused to receive the rent, it was tendered by the defendant by money order from the month of July 1981. The rent for suit premises was regularly tendered by money order which was regularly refused by the plaintiff. Thereafter, defendant filed H R Case No. 12 of 1983 before the House Controller and made a request that direction be given to the plaintiff to receive the rent. In that very case, direction was given to the plaintiff to receive the rent by order dated 06.02.1984, but it was also not complied with and thereafter, the defendant was directed to deposit the monthly rent by treasury challan and it was accordingly followed by the defendant and he had been depositing the rent in treasury by challan.