JUDGEMENT
Chaudhary, S.N.Mishra, J. -
(1.) In this civil revision-application defendants-petitioners have challenged the judgment and decree, dated 16.8.94 passed by the learned Munsif-III, Patna in Title Eviction Suit No. 36 of 1991 whereby the suit for eviction filed by the plaintiff-opposite party has been decreed. The plaintiff filed a suit for eviction on 8.5.91 being Title Eviction Suit No. 36 of 1991 under Section 11(1) (c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act'), for eviction of the defendants-petitioners from the suit premises on the ground of personal necessity.
(2.) The case of the plaintiff, in short, is that by virtue of a sale-deed 15.12.71 executed by Md. Yahiya Yunus through his Attorney, the plaintiff became absolute and accordingly, the defendants denied the bona fide need of the plaintiff.
(3.) On the basis of the pleadings of the parties, the Trial Court framed the following six issues :
1. Whether the suit as framed is maintainable? 2. Whether there is relationship of landlord and tenant between the plaintiff and defendants? 3. Whether the requirement of the plaintiff for the suit premises is reasonable and bona fide ? 4. Whether the requirement of the plaintiff will be satisfied by the partial eviction of the suit premises? 5. Whether the plaintiff is entitled to a decree of eviction against the defendants from the suit premsies? 6. To what other relief or reliefs the plaintiff is entitled to? On the consideration of the oral as well as the documentary evidence, the Trial Court has decided all the aforesaid issues in favour of the plaintiff and decreed the suit.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.