MOHAMMAD ANZAR AHMAD, SON OF LATE MENAZERUL HAQUE, R/O 517, A, KASIDIH SHOP AREA, STRAIGHT MILE ROAD, P.O.P.S. SAKCHI, TOWN JAMSHEDPUR, DISTRICT Vs. MASOOD ALAM, SON OF LATE ABDUL RAUF, R/O GULISTAN, 981, KANKE ROAD, P.O. KANKE, P.S. GONDA, DISTRICT

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree dated 21.01.2012 and 31.01.2012 respectively whereby the learned District Judge-III, Singhbhum East at Jamshedpur, in Eviction Appeal no.5 of 2009 affirmed the judgment dated 25.07.2008 passed by the learned Subordinate Judge-VI of Singhbhum East, Jamshedpur in Eviction Suit no.47 of 1997 decreeing the suit in favour of the plaintiff/respondent.

(2.) The second appeal was admitted for hearing on formulation of the following substantial question of law:-

(3.) The plaintiff, i.e. the respondent in this appeal, had instituted the suit for eviction of the defendant/tenant, the appellant herein, on the ground of default in payment of rent from Feb., 1994 to March, 1997. The plaintiff's case is that he is the owner of the suit premises comprising of a single storied building situated on holding no.517-A, Kasidih at Jamshedpur. The suit property was allotted to Abdul Rauf, the plaintiff's father who died in the year 1971 and the other legal heirs of Abdul Rauf, by a registered deed, relinquished their rights in the suit property in favour of the plaintiff. The defendant was inducted as a tenant with respect to one shop room in the said building by the plaintiff's father on monthly rent as per English calendar. The rent was to be paid at the end of the month and the plaintiff used to grant rent receipts against the monthly rent paid by the defendant, but, after February 1994 in violation of the terms of the tenancy, the defendant stopped paying rent and defaulted in payment of rent from Feb., 1994 to March 1997. On the above grounds the suit was filed for eviction of the defendant/appellant as he defaulted in payment of the rent for two months. The plaintiff also claimed arrears of rent from April, 1994 till the date of the filing of the suit.