RANCHI, India, Aug. 12 -- Jharkhand High Court issued the following order on July 14:
1. Heard learned counsel for the parties.
2. The present civil revision has been filed against the judgment dated 30.05.2019 and decree sealed and signed on 10.06.2019 passed by learned Civil Judge (Junior Division)-I, Jamshedpur in Eviction Suit No. 04 of 2015, whereby and whereunder the suit filed on behalf of the plaintiffs / opposite parties was decreed and it was held that the plaintiffs are entitled for recovery of possession of said suit premises from the defendant / petitioner.
3. The plaintiffs have filed eviction suit against the defendant for recovery of possession of the suit premises described in schedule of the plaint by evicting the defendant therefrom. The plaintiffs have entered into a registered deed of lease with the defendant on 13.08.2010, whereby the plaintiffs granted lease of suit premises in favour of defendant for a fixed period of three years commencing from 01.07.2010 ending on expiry of 30.06.2013, as per terms of the lease deed the rent of the suit premises was fixed at the rate of Rs. 1200/- per month. After expiry of fixed period of three years there was no renewal of lease and no fresh lease deed has been entered into between the plaintiffs and defendant, the defendant should have delivered the vacant possession of the suit premises. Thereafter, the plaintiffs sent notice to defendant on 17.06.2013 through the lawyer requesting him to deliver the vacant possession of the suit premises, but the defendant failed to vacate the property, again the plaintiffs sent notice on 15.07.2013 to the defendant and the defendant sent a reply on 23.07.2013 and inspite of repeated demand the defendant failed and neglected to vacate the suit premises, therefore, the suit was filed.
4. On notice, the defendant appeared and filed his written statement stating therein that the defendant's father Late Nekchand Agarwal entered into the suit land bearing Old Plot No. 2473 in the year 1956-57 and constructed thereon out of his own fund within the knowledge of the deceased adopted father of the plaintiff namely Bebhraj Agarwal. Pursuant to the peaceful occupation of the said Nekchand Agarwal, licence of his shop standing in the suit land, was granted in his name by the J.N.A.C. at Jamshedpur and subsequently vide Licence No. 33 dated 14/12-1963 and Licence No. 12321/64 dt. 22.01.1964 respectively. The said deceased father of the defendant had been running ration shop in the suit premises openly, uninterruptedly and undisputedly in continuity to the hostility of the plaintiff. One Title Suit being T. S. No. 494/1971 was instituted in between the plaintiff and the deceased father of the defendant namely Nekchand Agarwal, relating to the suit premises in question including another portion of the Plot No. 2473 of Mouza Mango, Jamshedpur. The matter was finally settled after disposal of the Second Appeal No. 187/79(R), whereby and whereunder the Hon'ble Patna High Court, Ranchi Bench has been pleased to direct the plaintiff to deposit the deficit court fee before the learned lower court at Jamshedpur in T.S. No. 494/1971. It is admitted fact that the Execution Case No. 84 of 1974 filed on behalf of the plaintiffs was disposed of summarily at the instance of the plaintiffs and as such the defendant's father remained in peaceful possession in the suit premises by running his shop uninterruptedly.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WqbjWA5r9nuK4lXdwFeR3rNtdfS591PzMYIM5lNHwso6&caseno=C.R./40/2019&cCode=1&cino=JHHC010252212019&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
