IMPORTANT POINT
[The court established that a tenant's failure to pay rent for more than two consecutive months constitutes grounds for eviction under the Bihar Building (Lease, Rent and Eviction) Control Act, and that an unregistered lease can be considered for collateral purposes in establishing the landlord-tenant relationship.]

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. The present appeal has been preferred, being aggrieved and dissatisfied with the judgment dated 25.04.2017 and decree signed and sealed on 09.05.2017 passed by learned Principal District Judge, Bokaro in Title Appeal No. 11/2006, whereby and whereunder the learned Principal District Judge has dismissed the said appeal, which was preferred against the judgment dated 24.03.2006 and decree dated 15.04.2006 passed by the learned Munsif, Bokaro in Title (Eviction) Suit No. 09/2002, which was decreed by the learned trial court.

2. The factual matrix of the case giving rise to this appeal in a narrow compass is that the suit Schedule-A property consisting of shop was let out by the original plaintiff-Birendra Bahadur Singh on 01.03.2001 to the defendant for a period of three years according to English Calendar month and the tenancy started from 1st day of March, 2001 at the monthly rent of Rs. 500/- per month excluding electricity and other miscellaneous charges. The lease agreement was executed on 07.04.2001, but it was not registered one and came w.e.f. 01.03.2001. As per terms of the lease agreement, the defendant / tenant will be liable to be evicted amongst other following grounds:-

(a) For breach of any of the conditions of the tenancy.

(b) For non-payment of two months’ rent.

(c) For the condition of building being materially deteriorated because of act of waste or negligence or default of the lessee.

3. It is alleged by the plaintiff that the defendant has violated the terms and conditions of the lease agreement, as he has made default in payment of monthly rent of the suit premises for more than two months w.e.f. July, 2002 to November, 2002. Inspite of several requests to the defendant to pay the arrears of rent, he did not pay the same, as such, rendering himself liable for eviction from the suit premises. During pendency of the suit a further ground for eviction was also added in the plaint regarding the expiry of term of lease agreement, which was only for a period of three years starting from 1st March, 2001 to 29th February, 2004. The plaintiff has also claimed arrears of rent of the suit premises from July, 2002 to November, 2002 i.e. for five months @ Rs. 500/- per month, total amounting to Rs. 2,500/- from the defendant when the defendant declined to execute the request of plaintiff for payment of arrears of rent and vacation of the suit premises then the suit was instituted.

4. The defendant appeared and filed his written statement raising several legal objections regarding maintainability of suit, cause of action, barred by limitation, principle of waiver, estoppel, acquiescence etc. admitting the relationship of landlord and tenant with the plaintiff and has stated that the lease deed was actually executed on 26.08.2002 between the parties and the said lease agreement was signed by the plaintiff and defendant with date on 26.08.2002. The defendant has all along paid the monthly rent @ Rs. 500/- per month and lastly the rent was paid on 05th January, 2003 against the rent for the month of December, 2002, but no rent receipt was issued by the plaintiff, therefore, defendant is not defaulter in payment of rent at any point of time. It is further stated that in the 1st week of February, 2003, when the defendant went to the plaintiff for tendering the rent of January, 2003, the plaintiff refused to accept the same and asked the defendant to enhance the monthly rent to Rs. 1000/- per month and also to pay security money of Rs. 50,000/-, which was not possible for the defendant and he expressed his inability either to enhance the rate of rent or to pay security money. Thereafter, the plaintiff advised to wait for some days and to decide the monthly rent and quantum of security money through negotiation. The defendant waited for amicable solution for next two weeks, but no settlement could be arrived at, then he became puzzled, as the plaintiff was neither ready to receive the monthly