In the present matter the suit was filed on 5th September, 1994 for eviction of the tenant petitioner herein and for recovery of possession on the ground of default in payment of rent under Section I l l d of the Bihar Buildings Lease Rent Eviction Control Act, 1982 for short the Act, 1982 as well as on the ground of personal necessity.
The issue involved in this petition is whether the plaintiff landlord was entitled to decree of eviction in a suit filed on 5th September, 1994 on the ground of default in payment of rent for February, 1998 and December, 1990, even though the same fell beyond the period of three years prior to the date of the suit.
2004 2 SCR 65 The following Order of the Court was delivered Heard learned companynsel for the petitioner.
Being aggrieved, the plaintiff landlord went in appeal before 7th Additional District Judge, Munger who recorded the finding of fact to the effect that the defendant tenant had companymitted default for two months namely for February.
1988 and December, 1990 which fulfilled the requirement of Section ll l d of the said Act, 1982.
This finding of fact has been companyfirmed by the High Court against which the tenant has companye by way of the present petition.
The suit was dimissed by the Trial Court.
