MD. ABDUL WAHAB Vs. ASHOK KUMAR SINGH

JUDGEMENT

(1.) The present appeal has been preferred, being aggrieved and dissatisfied with the judgment dtd. 25/4/2017 and decree signed and sealed on 9/5/2017 passed by learned Principal District Judge, Bokaro in Title Appeal No. 11/2006, whereby and whereunder the learned Principal District Judge has dismissed the said appeal, which was preferred against the judgment dtd. 24/3/2006 and decree dtd. 15/4/2006 passed by the learned Munsif, Bokaro in Title (Eviction) Suit No. 09/2002, which was decreed by the learned trial court.

(2.) The factual matrix of the case giving rise to this appeal in a narrow compass is that the suit Schedule-A property consisting of shop was let out by the original plaintiff-Birendra Bahadur Singh on 1/3/2001 to the defendant for a period of three years according to English Calendar month and the tenancy started from 1st day of March, 2001 at the monthly rent of Rs.500.00 per month excluding electricity and other miscellaneous charges. The lease agreement was executed on 7/4/2001, but it was not registered one and came w.e.f. 1/3/2001. As per terms of the lease agreement, the defendant / tenant will be liable to be evicted amongst other following grounds:-

(3.) It is alleged by the plaintiff that the defendant has violated the terms and conditions of the lease agreement, as he has made default in payment of monthly rent of the suit premises for more than two months w.e.f. July, 2002 to November, 2002. Inspite of several requests to the defendant to pay the arrears of rent, he did not pay the same, as such, rendering himself liable for eviction from the suit premises. During pendency of the suit a further ground for eviction was also added in the plaint regarding the expiry of term of lease agreement, which was only for a period of three years starting from 1/3/2001 to 29/2/2004. The plaintiff has also claimed arrears of rent of the suit premises from July, 2002 to November, 2002 i.e. for five months @ Rs.500.00 per month, total amounting to Rs.2,500.00 from the defendant when the defendant declined to execute the request of plaintiff for payment of arrears of rent and vacation of the suit premises then the suit was instituted.