IQBAL AHMAD AND ORS. Vs. MASOOD ALAM

JUDGEMENT

(1.) THIS Second Appeal has been preferred against the Judgment dated 23.04.2012, Decree dated 03.05.2012, passed and signed by the Principal District Judge, Jamshedpur in connection with Eviction Appeal No. 14 of 2010 whereby the Judgment dated 26.03.2010 and Decree dated 03.04.2010, passed and signed by learned Sub Judge - VI, Jamshedpur in connection with Title Eviction Suit No. 5 of 1997 has been upheld. The appellants were defendants in the Trial Court whereas the respondent was the plaintiff.

(2.) IT appears from the plaint that the plaintiff being owner of house bearing holding No. 517 -A, Kasidih Shop Area, Straight Mile Road, P.S. - Sakchi, Jamshedpur brought a Suit for evicting defendants from the suit premises described in Schedule -A, B, C and D of the plaint on the ground of willful default in making payment of rent from the month of March, 1994 and they have also altered the structure without consent of plaintiff. The defendants failed to make payment of rent from the month of March, 1994 till February, 1997 and, therefore, the plaintiff prayed:

(3.) IT is further averred that Monazarul Haque, father of the defendants was inducted as a monthly tenant by Abdul Rauf, father of the plaintiff with respect to four different rooms standing under a big hall on the middle portion of the suit building on monthly rent at different rates for each of the rooms and at the time of filing of the suit monthly rent for the respective four rooms was Rs. 200/ -, Rs. 600/ - and Rs. 800/ - besides Rs. 25/ - for each room towards Municipal charges. After death of Monazarul Haque which occurred sometimes in the year 1995, the defendants 1 to 4 as sons and defendant No. 5 as unmarried daughter have become tenant under the plaintiff on the same terms and conditions as it was with said Monazarul Haque. The Rent for the tenanted premises has to be paid according to English Calender month and monthly rent was payable by the last day of the following months. Since the defendants have stopped making payment of rent from the month of March, 1994 and no rent was paid till March, 1997, the plaintiff has left with no option but to file suit for eviction against the defendants.