Gurusharan Sharma, J. - (1.) RAMLAL Khubi Sharma had two sons, namely, Jadunandan Sharma and Ramlaxman Sharma, alias Pancham Singh. Jadunandan Sharma filed Title Suit No. 34 of 1983 against his brother for eviction from the Suit Holding No. 110 situated in new Sitaramdera Basti in Jamshedpur town, detailed in Schedule 'A' to the plaint under the provision of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982.
(2.) PLAINTIFF claimed to have purchased the suit holding in a Court's auction sale exclusively and thereafter inducted the defendant -tenant therein. Defendant claimed his half share in the suit holding and his possession as co -sharer. The suit was decreed in part holding that the plaintiff was the absolute owner of Suit Holding No. 110 and defendant being his younger brother was living therein not as a tenant but as a licencee with his consent, which stood terminated by notice (Exhibit 2) sent by the plaintiff asking him to vacate and thereafter defendant was to be treated as trespasser. Trial Court also observed that since the question of title and ownership has already been held in favour of plaintiff in the present suit, he should not be driven to file another suit for the purpose of eviction in the interest of equitable -Justice. It was further observed that relief for declaration of title was not prayed in the suit, but as the plaintiff was held to be absolute owner of the suit holding, it was just and proper to pass a decree of eviction in his favour to meet larger ends of justice.
(3.) TRIAL Court did not go into the question whether suit holding was required for bona fide occupation of plaintiff for accommodation of his sons, after it was found that plaintiff was absolute owner of the suit holding and had determined defendant's licence.;