MUKHTAR ANSARI Vs. ABDUL SAMAD

JUDGEMENT

(1.) This appeal has been preferred by the appellant/defendant against the judgment and decree dated 1st December, 2009 and 5th December, 2009, passed and signed by learned District Judge, Dhanbad in Title Appeal No. 09 of 2009, whereby the judgment dated 22nd December, 2008 and decree dated 6th January, 2009 passed and signed by learned Sub Judge -II, Dhanbad in Title Eviction Suit No. 17 of 1998 have been upheld and the appeal stood dismissed. The case of the plaintiff/respondent, in brief, is that the defendant/petitioner, who was inducted as a tenant in the suit premises, had failed to pay rent from the month of March, 1993 and he had become defaulter. The plaintiff required the suit premises for his occupation and personal use and he was in bona fide need of the suit premises as also in good faith.

(2.) On the other hand, the defendant has made out a case that he has been regularly paying rent to the plaintiff, but rent receipts were not issued. The defendant preferred H.R.C. Case No. 3 of 1996 under Sec. 20 before the House Rent Controller and succeeded to have a direction from the Rent Controller that the plaintiff shall issue rent receipts against rent received by him till date and also on future occasion. The defendant has further made out a case that he has also tendered rent by money order since January, 1996, but the same was refused. The defendant has further averred in the written statement that the plaintiff has made out a false case of personal necessity.

(3.) Learned Trial Court, after considering the evidence and documents, adduced and produced by the parties, decided the suit in favour of the plaintiff on both the issues and directed the defendant to vacate the suit premises.