VIJAY KUMAR SRIVASTAVA Vs. PREMCHAND PRASAD

JUDGEMENT

(1.) Civil Revision No. 317 of 2009 has been filed by the sole defendant- petitioner challenging the order of his eviction vide judgment dated 12.01.2009 by which Munsif III, Patna decreed Eviction Suit No. 48 of 2005 on contest with cost.

(2.) The aforesaid eviction suit was filed by the sole plaintiff-opposite party for eviction of the defendant- petitioner from the suit premises detailed in Schedule II of the plaint namely ground floor flat containing three bed rooms, a verandah, a dining space, a kitchen, a latrine, a bath room as well as open space with frontage bearing Holding No. 2911/1, Circle No. 8A Ward No. 4 (new 3) of Patna Municipal Corporation situated in Mohalla Azad Nagar, Kankarbagh Road No. II, within Kankarbagh police station in the Town and District of Patna on the sole ground of bonafide personal requirement, reserving his right to file another suit for eviction of the defendant on other grounds of default in payment of rent and breach of terms of tenancy etc. The following reliefs were sought by the plaintiff in his plaint.

(3.) Originally, the said eviction suit was filed by Sri Premchand Prasad along with his wife Smt. Meena Devi claiming that original owners of the suit property were Sri Kameshwar Prasad Singh and his wife Smt. Meri Singh who sold the entire house detailed in Schedule I of the plaint, a portion of which is the suit premises detailed in Scheduled II of the plaint, by registered deed dated 19.06.2003 to the plaintiffs. It was also claimed that the plaintiffs had three sons and a daughter and plaintiff No. 1 Sri Premchand Prasad having retired from a government post was living in the non-rented portion of the house which was not sufficient for his large family and hence he required the suit premises so that his entire family can be adjusted.