A valid landlord-tenant relationship must be established for eviction, and bona fide personal necessity can justify eviction under the Jharkhand Building Act.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Sachi Nandan Das, learned counsel for the appellants.

2. This appeal has been preferred against the judgment and decree dated 21.12.2023 (decree signed on 10.01.2024) passed in Civil (Eviction) Appeal No.06 of 2023 by the learned District Judge, Pakur, whereby, the said appeal has been dismissed and the judgment and decree dated 23.05.2023 (decree signed on 02.06.2023) passed in Title (Eviction) Suit No.23 of 2007 by the learned Civil Judge, Senior Division-I, Pakur (Sub Judge-I, Pakur) has been affirmed by the learned appellate court.

3. The case of the plaintiff/respondent was that the plot no.-12 of Mouza- Amrapara existing adjacent to Pakur-Dumka road in the northern side of the said road with a building standing thereon fully described in the Schedule-A belongs to the plaintiff, after the partition dated 07.10.1968 through originally it was possessed by all four brothers. The plaintiff reside in the aforesaid building with his family members, but the front portion of the building in the southern side adjacent to Pakur-Dumka road consisting of one pucca room and one verandah fully described in Schedule-B has been let out initially on a monthly rental of Rs.55/- per month but it was increased time to time and lastly the rent was fixed at Rs.450/- per month.

It was further asserted that the defendant is very irregular in making payment of the monthly rent and in the year 2004 this plaintiff was almost ready to file eviction suit against the defendant on the ground of default and also because the son of the plaintiff has his shop only in one room of the building and considering the increase of numbers in the family it was felt necessary to expand the shop of the son inclusive the premises let out to the defendant to meet the expenses in the maintenance of the family. The defendant could know the intention of the plaintiff and requested the plaintiff not to disturb him at least for two years promising to vacate the premises after expiry of two years and at the same time the defendant paid up the entire arrear rent to 27.07.2004 from 01.04.2004 to July, 2004 @ Rs. 450/- per month.

It was also asserted that the plaintiff considering his difficulty and request, did not file the suit being hopeful of getting the suit premises without harassment. But the defendant again stopped payment of rent for the period of August, 2004 and onwards and yet the plaintiff time to time very mildly reminded the defendant for the payment to rent being conscious of the fact that any harassness in making demand of unpaid rent may jeopardize the intention of the defendant regarding vacation of the premises after two years.

It was further case of the plaintiff that the defendant at last paid the entire arrear rent at a time on 27.07.2006 for the period of 01.08.2004 to 31.08.2006 on 13.09.2006 requesting further time for a few months and the plaintiff agreed.

It was further asserted that the defendant neither paid the rent for the period from 01.09.2006 to onward nor vacated the premises in spite of several request. At last, this plaintiff sent a pleader notice through registered post with A.D on 26.02.2007 after determining the tenancy with a request to vacate the premises and to pay the rent from 01.09.2006 to 31.01.2007 amounting Rs.2,250/- but the defendant neither replied to the plaintiff’s pleader notice nor vacated the premises or made payment of arrear and current rent and in this way the arrear rent accumulated to Rs.4,050/- only.

It was then asserted that the cause of action for the suit arose on 01.11.2006 when the defendant defaulted in making payment of rent for two consecutive months i.e. rent for the month of September and October, 2006 and is still continuing within the jurisdiction of this court.

It was further asserted that the defendant is liable for eviction from the premises for default and also considering the requirement of the plaintiff as provided Section 11 of Jharkhand Building (Lease Rent a