IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.62 of 2016 ======================================================

1. Ram Uddeshya Singh @ Ram Udhesh Singh, S/O Late Parmeshwar Singh, 2. Mahesh Singh @ Mahesh Prasad Singh, S/O Late Bhagwat Singh, 3. Musmat Raj Kumari Devi, W/O Late Ram Naresh Singh, 4. Mantu Singh, S/o Late Ram Naresh Singh, 5. Sudhir Singh, S/O Late Ram Naresh Singh, 6. Narendra Kumar Singh, 7. Lakhendra Kumar Singh, Both Sons of Late Umesh Singh All residents of Village- Parvesjabad, P.O- Paharichak, P.S- Sonepur, District- Saran.

8. Sumitra Devi, W/o Umanath Singh, D/o Late Ram Naresh Singh, resident of Village- Bagahi, P.S- Kopa, District- Saran.

9. Indrawati Devi, W/O Baijnath Singh, D/O Late Bhagwat Singh, resident of Village- Ekari, P.S.- Ekma, District- Saran.

10. Nanhaki Devi @ Krishna Devi, W/O Suraj Singh, D/O Late Bhagwat Singh, resident of Village- Garkha, P.S.- Garkha, District- Saran.

11. Mamta Devi, W/O Veer Kunwar Singh, D/O late Ramesh Prasad Singh, resident of Village- Parvesjabad, P.O.- Paharichak, P.S.- Sonepur, District-

Saran.

12. Baby Kumari, W/O Uday Kumar Singh, D/O Late Umesh Singh.

13. Shanti Devi, widow of Late Umesh Singh, Both residents of Village- Parvesjabad, P.O- Paharichak, P.S.- Sonepur, District Saran.

... ... Appellant/s Versus

1. Brajesh Kumar, S/o late Ramdeo Singh, 2. Vijay Kumar Singh, S/O Vasistha Singh, 3. Ram Biraj Devi.

4. Ram Singar Devi, 5. Pramila Devi, 6. Asha Devi, 7. Indu Devi, All D/O Late Mangal Singh, All residents of Village- Parvejabad, P.S- Sonepur, District- Saran.

8. Rampari Devi, W/O Sakaldeep Singh D/O Late Basgit Singh, resident of Village- Afaur, P.S- Khaira, District- Saran.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Binod Kumar Singh, Advocate For the Respondent/s : Mr. Arvind Kumar Verma, Advocate Mr. Tusar Anand, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA CAV ORDER

11 13-03-2026 Heard Mr. Binod Kumar Singh, learned counsel for the appellants and Mr. Arvind Kumar Verma, learned counsel for the respondents.

2. This Second Appeal has been preferred by the defendants/appellants/appellants against the judgment and decree of affirmance dated 12.01.2016 passed by the learned Additional District Judge-V, Saran at Chapra in Title Appeal No.

31 of 2006.

3. The matter arises out of Eviction Suit No. 1 of 2002 which was filed by the plaintiffs/respondent 1^st set against defendants/appellants/appellants as well as respondent 2^nd set only for their eviction on the ground of default-in-payment of rent by the defendants and bona fide personal requirement of the plaintiffs for this said suit premises and also for arrears of rents.

4. The case of the plaintiffs is that the defendants is the tenant of the suit premises. The premises, in question, originally belonged to the ancestor of the plaintiffs which is evident from Revisional Survey Khatiyan. The ancestor of the plaintiffs let out the suit premises which is standing over Plot no. 1091 on monthly rent of Rs. 7/- per month in December, 1938 to the ancestor of the defendants. The ancestor of the defendants were residents of Mauza Barbatta, P.S. Sonepur, District- Saran. The defendants paid rent till 1967. After that whenever rent was asked, they avoided the payment of the same and gave assurance for payment of the same. In September, 1969, it has come to the knowledge that Parmeshwar Singh and Bhagwat Singh got rent receipts in respect of plot no. 1091, 1092 & 1088. Thereafter, Basgit Singh and Mangal Singh, ancestor of the plaintiffs filed objection before the Circle Officer, Sonepur and Jamabandi Correction Case No. 4 of 1970- 71 was registered for correction of Jamabandi and fixation of rent. The Circle Officer sent the record to D.C.L.R., who remanded the same to the Circle Officer. The Circle Officer got influenced by the ancestor of the defendants that Plot no. 1091 area 2 katha, p