VIKAS KUMAR Vs. NIKHIL MAZUMDAR

JUDGEMENT

(1.) THIS civil revision application is against the order dated 8.2.2005 passed in Title Eviction Suit No. 11/04 passed by the Munsif, 1st, Dhanbad refusing leave to contest the suit by the defendant -petitioner. The plaintiff -opposite party has filed the said suit for eviction under the provision of Section 11(1)(e) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. The plaintiffs case was that there was a fixed period of tenancy which expired on 31.12.2003 and as such on the ground of expiry of the said period the tenant -defendant is liable to be evicted. On getting the summons the defendant -opposite party appeared and as required under the provisions of Section 14(4) of the said Act, filed a petition stating the ground on which he sought to contest the suit praying leave of the Court below. By the impugned order the said application has been rejected. From perusal of the said petition seeking leave, which has been enclosed as Annexure 3, it appears that the defendant sought to contest the suit on the ground that on expiry of the fixed period of tenancy the parties entered into an oral agreement creating a fresh month to month tenancy, on the monthly rent of Rs. 4,000/ -and the plaintiff has been accepting the rent pursuant to the said oral agreement regularly. According to the defendant, in view of the said oral agreement followed by the acceptance of rent by the landlord the plaintiff is not entitled to the decree on the basis of the earlier agreement of the fixed term tenancy.

(2.) THE Court below without giving proper consideration of the facts stated in the petition has held that the agreement for tenancy was only for eleven months and after expiry of that term the plantiff has got right to claim eviction and that the defendant is not entitled to contest the suit.

(3.) THIS civil revision application is allowed.