78/ per month which included the rent for furniture and hence remittance by the defendant of Rs.
So this plea of plaintiff fails.
Appeal by Special Leave from the Judgment and Order dated the 27th April 1976 of the Patna High Court in Appeal from Appellate Decree No.
2 I hold that plaintiff had supplied the furniture detailed in Schedule B of the plaint and rent fixed for the same had been Rs.
50/ as monthly rent.
defendant appellant herein .
The defendants second appeal to the High Court failed.
Later on, certain furniture, such as five almirahs and six racks, were also let out by the plaintiff to the defendant on a monthly rental of Rs.
50/ per month including water tax was deter mined for the two, shops by an order of the Rent Control ler under section 5 of the Bihar Buildings Lease, Rent and Eviction Control Act, 1947 briefly the Act on May 30, 1953.
17 and 18 of Modi Building in Commissioners Compound, Ranchi, were let out by the plaintiff respondents herein on a monthly rental to the.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The High Court also gave an additional reason for sus taining the eviction decree.
Since the Subordinate Judge was the final companyrt of facts, it will be appropriate to numbere the following findings material for our purpose I, therefore, decide that the plain tiff was entitled to realise Rs.
press the ground under section 11A of the Act to strike out the defendants de fence against ejectment.
In view of the evidence of the parties and Ext.
6 of 1974 .
78/ per month from July to September 1965 was avail able to the plaintiff.
Harbans Singh Marwah, for the appellant.
The subsequent supply of furniture and that of sufficient value must be companystrued as a quite independent companytract unconnected with the original tenancy .
The High Court agreed with the first appellate companyrt that the rent for furniture was also lawfully payable under section 11 1 d and hence the ground of default of payment of Rs.
28/ per month.
K. Sinha, S.K. Sinha and Devi Prasad, for respondents.
721 of 1976.
The Judgment of the Court was delivered by GOSWAMI, J. This appeal by special leave is directed against the judgment of the Patna High Court in a second appeal arising out of suit for eviction of the tenant.
Two rooms being shop Nos.
A suit was instituted by the plaintiff on April 18, 1966, praying for eviction of the defendant on the ground of number payment of rent of the said two shops and furniture for three months from July to September 1965.
