SARDAR GURMUKH SINGH Vs. SUMER CHAND JAIN

JUDGEMENT

(1.) The present appeals are directed against the common judgment dated 11.1.2005 passed by the 1st Additional District Judge, Hazaribagh dismissing five Title Appeals filed against the judgment dated 31.3.1989 and its corresponding decree dated 10.4.1989 passed by the Sub -Ordinate Judge, Hazaribagh commonly in five separate Eviction Suits which were tried analogously alongwith one inter -pleader suit. Since questions of law involved in all these appeals are common, they are disposed of by this common judgment.

(2.) LITIGATION in these appeals has a chequered history. The respondents Rupchand Jain, Sumerchand Jain and Dhirendra Kumar Jain filed individual eviction suits under the Rent Control Act pray - ing for eviction of their respective tenants from the suit premises, on the ground of default in payment of monthly rents. Their claim was that the property constituting the suit premises in each suit was purchased by them by virtue of six separate registered sale deeds dated 28.5.1979 from the previous owners. Defendants in each of the eviction suits were the original tenants under the erstwhile owners and used to pay rent to them. After purchase of the properties, the plaintiffs as also the vendors had informed the tenants about the transfer of the suit properties in favour of the plaintiffs. On such information. defendants/tenants, except the tenant Sardar Singh (defendant in Title Suit No. 14 of 1996), began paying rents to the plaintiffs. However, later, they stopped paying rents to the plaintiffs who therefore claimed default as cause of action for filing the suits for eviction.

(3.) THUS on being directed by the order of the District Judge for analogous trial of all the suits, the learned Subordinate Judge conducted joint trial of all the eviction suits alongwith the inter -pleader suit, by allowing the exarl1ination of the witnesses adduced by the plaintiffs and the defendants of each of the eviction suits in respect of their respective pleadings, both in the inter -pleader suit and in their eviction suits.