GURUSHARAN SHARMA,J. - (1.) OPPOSITE party filed Eviction Suit No. 3 of 1992 for petitioners eviction from the suit premises detailed in the schedule to the plaint, which was one shop room with attached room measuring more or less 12 x 7 and 12 x 13 respectively, being a portion of the building standing on R.S. Plot No. 3346 at New Purulia Road of Jamshedpur town.
(2.) THE said building belonged to the plaintiff and his brother. Hari Om Trehan and on partition. Northern portion thereof measuring 30.10" x 60 fell in plaintiffs share and the suit shop was a part of the said Northern portion of the building. Admittedly, there was relationship of landlord and tenant between the parties. Plaintiff was running business of Hosiery goods and his shop was situated in the portion of the said building, which was allotted to his brother. However, after partition, in the year 1983, the plaintiff continued in the said shop room as tenant on the ground floor and four rooms on the first floor under his brother on payment of monthly rent. Firstly, flu -plaintiff converted two rooms in the portion of the building allotted to him by raising walls on the Northern side for its use as residential purpose and vacated the four rooms on the first floor wherein he was living as tenant of his brother, after partition.
(3.) THE portion which fell in the share of the plaintiff consisted four shop rooms, two residential rooms and a Kitchen. Plaintiffs brother insisted him to vacate the shop room and, therefore, the plaintiff requested the defendant to vacate the suit premises, as he was in dire necessity of the shop to run his own business.;