Chamni Devi vs Ashok Naik

Gautam Kumar Choudhary, J

This is defendants’ second appeal against the judgment of reversal.

Plaintiffs filed the suit for eviction and to get vacant possession of the suit premises and also for permanent injunction against defendants.

The suit for eviction was filed on the ground of default and prayer was made for arrear of rent.

The defendants claim to be the daraiyat and claimed title over the suit property and adverse possession.

Learned trial court dismissed the suit however, finding was recorded that there was landlord and tenant relationship between the Plaintiff and Defendant and they were paying rent since June 1992. The suit was dismissed principally on the ground that Section 11(1-a) of the Bihar Buildings (Lease, Rent and Eviction) Control Act was not pleaded by the plaintiffs and therefore, the suit was dismissed. On the basis of the argument raised on behalf of the appellants, the trial court further held that question of default did not arise as part of the suit property was agricultural land. Although the schedule land comprise of five decimals on which a house was constructed.

Learned first appellate court decreed the suit, against which the second appeal is preferred.

Learned Counsel on behalf of the appellant has argued at length but has failed to raise any substantial question of law for admission of appeal.

There is a concurrent finding of fact regarding landlord-tenant relationship and the first appellate court held that there was default in payment of rent. Question of default is a question of fact which cannot be relooked into unless there is a perversity of finding.

Having considered the submissions advanced on appellants and the materials on record, I do not find any substantial question of law to be made out.

Second Appeal is dismissed at the stage of admission with cost. Interlocutory Applications are disposed of.