NEM RAJ KOTHARI Vs. RAM DAS SAHU

JUDGEMENT

(1.) The present second appeal is directed against the judgment dated 31.03.2015, in Title Appeal No.14 of 2011, passed by the District Judge - XVIII, Ranchi affirming the judgment and decree of the Additional Munsif - I, Ranchi in Title Suit No.34 of 2000, whereby the defendant was directed to vacate the suit premises within one month and hand over the vacant possession of the suit property to the plaintiff.

(2.) For the sake of convenience, the parties shall be referred to as plaintiff and defendant. The plaintiff is the respondent in the present appeal and the defendant is the appellant.

(3.) The plaintiff instituted the suit for eviction of the defendant from the suit premises situated in MS Plot No.197 corresponding to Old Holding No.522 present Holding No.589, Old Ward No.V, New Ward No.14 of Ranchi Municipal Corporation, located at 2nd Street Church Road, Ranchi, P.S. - Lower Bazar, District - Ranchi. The suit premises consists of two bed rooms with aangan and kitchen, in the building, situated on the aforesaid plot. The plaintiff's case is that the defendant was inducted as a tenant on monthly rent of Rs.350.00 per month. It is alleged that the defendant paid the rent up to the month of June, 2000 thereafter despite repeated request he did not pay the rent and defaulted in payment of rent from July, 2000 hence, he is liable to be evicted from the suit premises under Sec. 11(1)(d) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (here-in-after to be referred to as the BBC Act for short). The plaintiff also pleaded that due to the negligence and wilful act of the defendant, the suit premises has deteriorated, and he is liable to be evicted on that count too.