GURUSHARAN SHARMA, J. - (1.) HEARD the parties and perused lower Court records. Defendant is petitioner. Plaintiffs filed Title (Eviction) Suit No. 8 of 1999 under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 for defendants eviction from the suit shop, detailed in Schedule A to the plaint.
(2.) ACCORDING to plaintiffs, suit shop was required for starting business by plaintiff No. 2, eldest son of plaintiff No. 1, who had no independent business and was sitting idle due to lack of suitable accommodation and wanted to start his independent business. Plaintiff No. 1 also wanted to start a steel box and other utensil business in the suit shop and due to enlargement of family wanted to reside in inner portion thereof. Defendant denied plaintiffs alleged personal necessity for the suit shop and asserted that plaintiff No. 1 was already doing box selling business in holding No. 166 on Seth Surajmal Saraf Road with the help of his son Mani Shankar Keshri. Plaintiff No. 2 had also got a big workshop and showroom for box purposes situated on Shashi Bhushan Roy Road in a rented premises belonging to Ram Narain Mishra. He was not sitting idle. Plaintiffs with family members was residing in holding No. 163, which is a big double storied building. In ground floor front portion of said holding, plaintiff No. 1 with the help of said Mani Shankar Keshri was also running business of boxes, trunk etc. selling and plaintiffs had no difficulty in residential accommodation.
(3.) PLAINTIFFS 1 and 2 examined themselves respectively as PWs 11 and 8 but did not support alleged requirement of suit shop for plaintiff No. 1 for doing steel box and utensil business and/or for residing in inner portion of the suit shop. Both of them supported only case of requirement of suit shop for steel box business to be started by plaintiff No. 2.;