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2023 Supreme(Pat) 1022

JITENDRA KUMAR
Naresh Kumar Agarwal – Appellant
Versus
Syed Ataur Rahman @ Syed Atur Rahman – Respondent


Advocates Appeared:
For the Appellant : M/s P.N. Shahi, Sr. Adv., Manish Kumar No.2.
For the Respondents: M/s Rajendra Narayan, Sr. Adv., Sunil Srivastava.

Jitendra Kumar, J. – The present First Appeal has been preferred impugning the Judgment and Decree dated 21.06.2014 and 01.07.2014, respectively passed by Shri. Krishna Pratap Singh Ld. Sub Judge-III, Patna in Eviction Suit No. 114 of 2011.

2. The Eviction Suit, bearing No. 114 of 2011 was filed by the Respondent No.1 herein on 30.11.2011, before the Trial Court for eviction of the Defendants one of whom is Appellant and another is Respondent No.2, from the suit premises on the ground of default of paying rent as well as arrear. Recovery of Rs. 55,000/-, which was due as rent, was also sought for.

3. The case of the Plaintiff-Respondent No.1 as per the plaint is that the Plaintiff is the owner and landlord of the suit premises and the Defendant-Appellant and Defendant- Respondent No.2 were inducted as tenants since 21.08.1985 as per lease deed dated 21.08.1985 for a period of 10 years which expired on 31.12.1994. After expiry of the lease dated 21.08.1985, the Plaintiff-Defendants executed a fresh deed on 07.01.1995 by mutual consent on fresh terms and conditions. As per the terms of the agreement, the rate of rent from the 1st of January, 1995 to 31st of December, 2000 was @ Rs. 516

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