KALAWATI TRIPATHI Vs. DAMAYANTI DEVI

JUDGEMENT

(1.) This revision application has been filed by the defendants against the judgement dated 30/11/1990, passed by the Subordinate Judge-VIII, Patna in Eviction Suit No. 2 of 1990/52 of 1990, by which he has decreed the suit for eviction filed by the plaintiffs-opposite parties against them.

(2.) The plaintiffs-opposite parties filed Title Suit No. 87/83 in the Court of Munsif, Patna for eviction of the original defendant on the ground of personal necessity, as contemplated under S. 11(1)(c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act') in respect of a house described in Schedules I and II of the plaint. The original defendant died during the pendency of the suit and the petitioners were substituted as his heirs and legal representatives in his place.

(3.) Admittedly, the suit premises belonged to late Shri Nageshwar Prasad who inducted the original defendant as tenant in the suit premises. In the year 1949 he gifted the suit premises to one of his sons, namely, Ramesh Prasad, and the original defendant continued as tenant under him.