D.N. Upadhyay, J.

This Second Appeal has been preferred against the Judgment dated 24.11.2014 and decree dated 05.12.2014, passed and signed by District Judge – IX, Dhanbad in connection with Title Appeal No. 111/2008 whereby the Judgment dated 02.08.2008 and Decree dated 11.08.2008 passed and signed by 1st Additional Munsif, Dhanbad in connection with Title (Eviction) Suit No. 34/2001, has been affirmed.

2. This appeal has been admitted on 12.03.2015 to decide following substantial question of law:-

“Whether the learned court-below has considered the right, title and interest of the plaintiff on the basis of any cogent evidence before passing Judgment and Decree in favour of the plaintiff?”

3. The case of the plaintiff in brief is that the original defendant Sudama Singh was inducted as a monthly tenant under the plaintiff in a portion of Schedule-A property on a monthly rent of Rs.300/- per month payable by the defendant to the plaintiff by the first week of each succeeding month according to English calender. The tenanted portion has been described in Schedule-B of the plaint. Besides Schedule-B property, the defendant was also occupying a shop on a monthly rent of Rs.100/