Ashok Kumar Tulal vs Sheela Dutt and Others

Gurusharan Sharma, J.—Plaintiff filed Title Suit No. 8 of 1977 for defendants'' eviction, under the provisions of the Bihar Buildings (Lease Rent & Eviction) Control Act from the suit premises, detailed in Schedule at the foot of the plaint on the ground of default in payment of rent.

Plaintiff claimed herself to be landlady of the house, bearing holding No. 727, situated in ward No. VII-B at Jatin Chandra Road, Lalpur, Ranchi. She had inducted Janendra Chandra Tulal as tenant in the western side flat of ground floor of the said house on a monthly rental of Rs. 125/-. He stopped payment of rent from March, 1973 onwards and made himself liable for eviction.

On 1.12.1976, plaintiff sent notice u/s 106 of the Transfer of Property Act and determined the tenancy in question on the expiry of 31.12.1976.

In the meantime on or about 16.12.1976, Janendra Chandra Tulal died leaving his widow, two sons and three daughters,

On 21.1.1977, plaintiff filed the suit and impleaded the aforesaid heirs and legal representatives of the original plaintiff as party defendants 1 to 5.

Defendant No. 2 filed written statement claiming that his father, Janendra Chandra Tulal had paid rent till November, 1976. After his death defendants continued to remit rent through money order every month but the plaintiff refused to accept the same.

A formal written statement was also filed on behalf of minor defendants 5 and 6 through guardian ad litem.

Trial Court decreed the suit on 9.2.1980 holding that defendants did not pay rent for more than two months and, therefore, committed default in payment of rent within the meaning of the Act. The service of notice u/s 106 of Transfer of Property Act was also proper and valid.

Defendant No. 2 preferred Title Appeal No. 80 of 1980. which was also dismissed and findings of Trial Court were affirmed. Defaulter in payment of rent on the part of defendants was clearly proved, and was it held that defendants were liable to be evicted from the suit premises on that ground.

This Second Appeal is concluded by concurrent findings of fact recorded by the two Courts below. It is, accordingly, dismissed, but without costs. Lower Court records may be sent down.

Appeal dismissed.