The court upheld the eviction based on the defendant's default in rent and the plaintiff's bona fide need for the premises under the Jharkhand Building (Lease, Rent & Eviction) Control Act.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the learned counsel for the appellant.

2. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree of affirmance dated 21.12.2018 passed by the learned Principal District Judge, Dhanbad in Civil Appeal No. 118 of 2018 whereby and where under, the learned first appellate court has dismissed the appeal on contest.

3. The brief fact of the case is that the plaintiff-respondent filed Title (Eviction) Suit No. 09 of 2015 in the court of Civil Judge (Jr. Division)-II, Dhanbad with a prayer for a decree of eviction of the defendant and recovery of khas possession under Section 11 of Jharkhand Building (Lease, Rent & Eviction) Control Act.

4. The case of the plaintiff in brief is that the plaintiff is the absolute owner of the suit premises. The defendant occupied a small portion of the suit premises as a tenant on a monthly rent of Rs.500/- payable as per the English Calendar month and the rent of each month is payable within ten days of succeeding month.

The defendant was also inducted as a tenant in schedule ‘B’ premises in pursuance of a tenancy agreement dated 26.07.1985. The defendant failed and neglected to pay the monthly rent to the plaintiff from the month of January, 1999 and he last paid the rent in the month of December 1998. The defendant obtained electric connection in schedule ‘B’ premises of the suit in his own name with the consent of the plaintiff. The defendant did not even pay the charges of the electric energy consumed by him, resulting an outstanding electric energy dues of Rs.1,01,416/- and the electric energy connection was disconnected. The suit schedule ‘A’ premises is old and dilapidated one with damaged rooms and that requires reconstruction. The plaintiff himself is also in need of suitable commercial building for his personal necessity. The plaintiff requested the defendant to vacate the schedule ‘B’ premises of the plaint for demolition of the entire structure of the suit land for construction of a new building. The defendant committed breach of the terms of tenancy as he failed to pay the electric energy dues. The plaintiff requires the entire schedule ‘A’ land which includes the schedule ‘B’ land of the suit for his personal necessity of starting his own business in a portion of proposed new building.

5. In his written statement, the defendant besides challenging the maintainability of the suit on various technical grounds further pleaded that the building is not dilapidated nor requires reconstruction. The defendant denied default of payment of rent from January, 1999. The defendant also denied that he ever defaulted in payment of electric energy bill and the plaintiff illegally got the electric energy connection of the defendant disconnected in connivance with the staff of Jharkhand State Electricity Board. The defendant admitted initiation of proceeding under Section 135/167 of Indian Electricity Act for theft of electricity by the son of the defendant even though the son of the defendant is not residing there. The defendant claimed that he paid Rs. 45,000/- in the year 2012 and also paid Rs.1,00,000/- in the chamber of Mr. S.N. Bhatacharjee, Advocate and the matter was resolved and it was agreed that the plaintiff will execute and register a sale deed on receiving the amount. The defendant never promised to vacate the tenanted premises.

6. On the basis of rival pleadings of the parties, the learned trial court settled the following six issues:

(I) Is the suit maintainable as framed?

(II) Has the plaintiff valid cause of action for the suit?

(III) Whether there is relationship of landlord and tenants between the parties?

(IV) Whether the suit premises is reasonably and in good faith and acquired by the plaintiff for his own occupation?

(V) Whether the defendant defaulted in payment of rent within the meaning of Jharkhand Building (Lease, Rent & Eviction) Control Act and the plaintiff is entitled to, decree for