Patna Court August 1997 Judgments

Ram Prasad and ors. Vs. Bishuni Prasad

Court: Patna

R.N. Sahay, J.1. Title Suit No. 41 of 1976 was filed on 12.3.1976 in the Court of 1st Addl. Munsif, Siwan, by the original plaintiff Jaleshwari Devi against the defendant Bishuni Prasad. The plaintiff is the owner of the shop described in Schedule No. 1, The shop is situated in Mohalla Sabuntoli Bari Masjid within Siwan Municipality. The shop was let out to the defendant on 1.2.1975 on a monthly rental of Rs. 50/- per month on fixed term and condition. The defendant was asked to vacate the suit premises on expiry of the lease. The defendant paid rent for some months and stopped paying rent.2. It was submitted that the sons of the plaintiff had become major and they required the suit premises from starting business. The tenancy expired on 31.12.1975. The defendant did not vacate the premises nor paid rent. Legal notice was also served on the defendant for payment of arrears of rent and vacation of the suit premises but the defendant replied with wrong statement of fact that the plainti...