- (1.) This revision application is directed against the Judgment and decree dated 20.4.2000 passed by Sub -Judge -IV, Dumka in title (eviction) suit No. 22/63 of 1997/98 whereby he has decreed the suit in favour of the plaintiff -opposite party on the ground of personal necessity.
(2.) THE facts of the case lie in a narrow compass : The plaintiff -opposite party filed the aforementioned suit against the defendants -petitioners for a decree of eviction in respect of the suit property comprising of holding No. 228, Ward No. 6 situated in the town of Dumka. The defendant Was inducted as monthly tenant in respect of three rooms where the petitioners used to run a studio in the name and style of M/s. Rellex Studio. The plaintiffs case is that he has a large family consisting of his married son and grand children whom he was unable to maintain after his retirement in 1991 from government service as his sons are unemployed and sitting idle at home. The plaintiff therefore wants to open a shop with store in the premises occupied by the defendants. The defendants case is that the plaintiff, after retirement is doing survey work and is earning a lot. Two sons of the plaintiff are employed, one is in the forest department and the other is a lecturer in the college. The petitioner, therefore, does not require the suit premises for his own use and occupation.
(3.) DURING the pendency of the suit one of the sons of the plaintiff died and, therefore, the plaintiff filed additional pleading. The Court below, on the basis of the pleadings of the parties framed the following issues for the decision of the suit : (i) Whether the suit is maintainable as framed? (ii) Whether the plaintiff has cause of action for the suit? (iii) Whether the plaintiff reasonably and in good faith requires the suit premises for his own occupation and business? (iv) Whether the reasonable requirement of the plaintiff may be substantially satisfied by eviction the defendants from a part of the suit premises only? (v) Whether the plaintiff is entitled for a decree of eviction against the defendant from the suit premises as prayed for? (vi) Whether the plaintiff is cut fled to any other relied or reliefs?;