MUNMUN BANERJEE Vs. MANJU DEVI

JUDGEMENT

(1.) This civil revision application has been filed under Section 14 (8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 ('the Act for short) against the judgment dated 8.2.2008 passed by learned Munsif II, Dhanbad in Title (Eviction) Suit No. 1 of 2004 decreeing the suit filed under the provision of Section 11 (1) (c) of the Act on the ground of personal necessity against the original defendant -petitioner -Haradhan Chakraborty. The petitioners have been substituted. The original defendant and his substituted heirs will be referred as "petitioners  and the plaintiff will be referred as "the opposite party  for the sake of convenience.

(2.) THE case of the opposite party, in short, is that she purchased the suit premises by registered sale deed no. 4239 dated 17.6.2003 from the Shiva Nath Senapati and got her name mutated. The petitioners were inducted as tenant by Shiva Nath Senapati on monthly rental of Rs. 500/ -per month including electricity charges. The opposite party required the suit premises for personal use and occupation as her family was staying with other relatives, where there is serious shortage of accommodation. Two growing sons were to be married, but because of shortage of accommodation, their marriage deferred. In spite of notice, the petitioners did not vacate the suit premises. During pendency of the suit, the eldest son was married and the opposite party had to take another premises on rent.

(3.) LEARNED counsel appearing for the opposite party, on the other hand supported the impugned judgment. He submitted that the son of the original defendant (DW 1) in paragraph 5 of his cross -examination clearly admitted that they were living in the suit premises as tenant. He relied on (2003) 1 JLJR 591 Sheikh Sohrab Vs. Md. Kasim Ansari and another.