BISHNU KUMAR CHOUBEY Vs. SHANU DEVI

JUDGEMENT

(1.) These second appeals are between the same parties having common grounds and in respect of same suit premises, against a common judgment and decree of affirmance dated 30/1/2006 passed by the learned Additional District Judge-VIII, Dhanbad. By the impugned judgment and decree, the lower Appellate Court has upheld all the findings of learned Trial Court including the findings on the right, title, relationship between the parties, default and personal necessity which are all in favour of the landlady-respondent.

(2.) The relevant facts in brief is that the landlady-respondent-Shanti Devi acquired the suit house and adjoining land comprised of two Holdings being Old Holding No. 204 (New Holding No. 127) by virtue of a registered sale-deed dated 16-10-86. The defendant-tenant Chandradeep Choubey (deceased) and his son Vishnu Kr. Choubey, who were occupying the said Holdings on monthly rent of Rs. 80/- & 50/- respectively, were informed about the said transfer. Thereafter the landlady rent from the said tenants, but they did not pay. The landlady thereafter sent notice to the said tenants. On receipt of the notice, the said tenants hastened to institute a suit against the landlady being T. S. No. 91 /86, seeking a decree for declaration that are entitled to possess the suit premises and that the pLalntiff Shanti Devi can not dispossess them. A decree for permanent injunction was also sought restraining the said defendant from interfering with their possession and ejecting them from the suit premises. In the said suit Shanti Devi appeared and filed a written statement and denying the said claim and she also filed a counter claim independently praying a relief for a decree declaring her title over the suit premises and for recovery of possession of the suit premises. The said Chandradeep Choubey had filed written statement contesting the counter claim of the defendant. Shanti Devi thereafter filed two eviction suits against the tenants being T (E) S. No. 101/93 and T (E) S. No. 103/93 under the provisions of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as the said Act] for eviction of the said tenants on the ground of their being defaulter in payment of rent and her personal necessity of the suit premises. The tenants filed written statement denying the relationship of landlord and tenant and disputing the title of the said Shanti Devi. In view of the common pleadings and claim, Title Suit (Counter claim) No. 91/86, T (E) S No. 101/93 and T (E) S No. 103/93 were jointly tried by the Munsif-II Dhanbad. In course of the proceeding of the suits, the original defendant of Title Suit No. 91/86 Chandradeep Choubey died. Thereafter nobody took steps in the said suit and the same was dismissed for default. However, the counter claim filed by the pLalntiff Shanti Devi was duly prosecuted wherein she had sought a decree for declaration of title and recovery of possession.

(3.) On the basis of the pleadings of the parties in the said suits, learned trial Court framed several issues including the issue of title, relationship between the parties, default in payment of rent and personal necessity of the landlady. Both the parties adduced oral and documentary evidences. After thorough appraisal and consideration of all the facts, evidences and materials on record, learned Trial Court held, inter alia, that the landlady Shanti Devi had got right title over the suit land and there was relationship of landlord and tenant between the parties.