ORDER :

KHATIM REZA, J.

Heard Mr. J.S. Arora, learned senior counsel assisted by Mr. Rakesh Kumar, learned counsel for the defendants/appellants and Mr. Nagendra Rai, learned counsel for the plaintiff/respondent.

2. This Second Appeal has been filed against the judgment of affirmance passed by learned Additional District Judge-XIII, Saran at Chapra, on 09.01.2025 in Eviction Appeal No. 2 of 2023 whereby, the judgment and decree dated 18.09.2023 passed by the learned Sub-Judge-XIII, Saran at Chapra, in Eviction Suit No. 01 of 2016 has been upheld. The plaintiff/respondent had filed the suit for eviction on the ground of personal necessity and default in payment of rent from October, 2015 till filing of the suit and also for arrears of rent for nine months at the rate of Rs. 10,000/- per month total amounting to Rs. 90,000/-.

3. The case of the plaintiff, in short, is that Holding No. 605 is ancestral property and Holding No. 604 is self- acquired property of the father of the plaintiff/respondent. The father of the plaintiff was Mokhtar and acquired so many lands and houses. Both the aforesaid holdings were in one bloc having an area of 10,000 Sq. ft. i.e. approx 7 Kattha land, wherein, several tenants resided at various time and against them the plaintiff and his ancestors filed eviction cases. It is further pleaded that two rooms of pucca house bearing Holding Nos. 604 and 605 and Sahan land (Schedule-I land) of that room was earlier under the tenancy of Parmeshwar Singh and rest of this house and Sahan (Schedule-1) was under tenancy of father of the defendant, namely, Manikchand Prasad and his grandfather Kaptan Prasad, which was let out on 01.11.1966 by the elder brother of the plaintiff, namely, Jugal Prasad, who was Karta of the joint family only for one year. Earlier, Parmeshwar Singh was tenant of the said premises, who vacated the same 15-20 years back through process of court in Eviction Suit.

4. Further case of the plaintiff is that the father of the defendant, namely, Manikchand Prasad and grandfather Kaptan Prasad, who were permanent residents of Mohalla-Katra, P.S. Bhagwan Bazar, requested the plaintiff's elder brother, namely, Jugal Prasad for tenancy of the land in dispute for residential as well as business purpose and the same was let out by Jugal Prasad. A rent agreement was executed by Jugal Prasad in favour of Manikchand and Kaptan Prasad on 30.10.1966 for one year that continued even after lapse of the said period. Earlier, rent was Rs. 75/- per month and monthly rent was enhanced time to time. After the death of Kaptan Prasad, his only son Manikchand Prasad continued to reside with his family and run his coal and grocery business in the premises, in question, which still continues. Out of seven sons of Manikchand Prasad, one son died during lifetime of his father, who are defendants in the present suit. Defendant No. 1, namely, Binod Kumar is elder among all brothers and is the Karta in his joint family. After death of Manikchand Prasad, Defendant No. 1 was paying rent to the plaintiff. At the time of commencement of said tenancy, old roofed house and Sahan land was situated in the East and South direction of the house but later on the request of Manikchand Prasad, Jugal Prasad built 1044 Sq.ft. tin shed in West direction of Southern Sahan area and constructed a small tin shed room in eastern part of the house. In this shed room defendant runs Aata Chakki and grocery shop and uses the land in dispute for residential as well as business purpose. The rent of the said suit premises was enhanced time to time and in the month of January 2010, the rent was enhanced to Rs. 10,000/- and was paid by Manikchand Prasad and after his death, the Defendant No. 1 as Karta paid the same to the plaintiff. The plaintiff took grocery from the shop of the defendants and the amount was also adjusted in rent. It is further case of the plaintiff that, initially, Jugal Prasad used to take rent and after him plaintiff used to take ren