PRAKASH KESHRI Vs. HARI PRASAD SAH

JUDGEMENT

(1.) THIS civil revision has been preferred by the tenant -defendant under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act [hereinafter referred to as 'the said Act' against the judgment and decree dated 30.11.2005 passed by learned Sub -Judge -II, Deoghar ,in Title Eviction Suit No. 34/98 whereby the Court below has decreed the landlord -plaintiffs' suit for eviction on the ground of personal necessity.

(2.) THE plaintiffs' case in brief s that they are the owner and the landlord of the suit premises which was let out to one Hridaya Narayan Sah and after the death the said tenant, the right of tenancy devolved upon the defendants who are the heirs and legal representatives of Hridaya Narayan Sah and they are now tenants on payment of monthly rent of Rs. 300/ - per month. The plaintiff No.1 was in Government service who retired on 31.7.96 and has come to reside at Deoghar with his wife, mother and children. For want of accommodation the plaintiff is living with great difficulties in only one room on the first floor and one room on the second floor. His son is B.Sc (Hons.) and is in service in a private medical store at Sahibabad (U.P.) who wants to run his own business. Three sons of the younger brother of the plaintiff No. 1 are commerce graduates and they are also unemployed. There is only one shop under their occupation in which all cannot be accommodated. The suit premises is a suitable place to start business and the plaintiffs have also got sufficient fund for starting the business. The mother of the plaintiff No. 1 is an old lady aged about more than 80 years and the wife of plaintiff No. 1 suffering from knee -joint pain and they are -not able to go upstairs and the portion of the suit premises at the ground floor is also required for their accommodation. The plaintiffs thus required' the suit premises reasonably and in good faith for their own use and occupation.

(3.) ON the basis of the pleadings, several issues were framed by learned Trial Court. The parties adduced their evidences, oral and documentary. The plaintiffs examined altogether 14 witnesses and also brought on record several documents as Exts. 1, 2, 3, 4, 5 and 6 series. The defendants also examined 10 witnesses and exhibited some documents as Exts. A series and B series. Learned Trial Court thoroughly scrutinized and discussed the evidences on record one by one. Learned Court below after detailed discussion and consideration . of, the facts, evidences and materials on record has come to the finding that there is relationship of landlord and tenant between the parties and that the plaintiffs require the suit premises reasonably and in good faith. Learned Court below has further found that the partial eviction of the tenant shall not satisfy the need of the landlord -plaintiffs. Learned Court below decided all the issues in favour of the plaintiffs and decreed the suit directing the defendants to vacate the suit premises.