N.N.TIWARI, J. - (1.) THIS Civil Revision application has been directed against the judgment and decree dated 11.12.2003 passed by Munsif -I, Dhanbad in Title (Eviction) Suit No. 9 of 1998.
(2.) THE petitioner are the tenants. The plaintiffs -landlord let out the shop premises to the petitioner -ternants wherein they have been running their clothes business in the name and style of Rajesh Clothes Stores. The plaintiffs filed the said Title (Eviction) Suit No. 9 of 1998 for eviction of the petitioners - tenants on the ground of personal necessity. According to the plaintiffs, they require the suit premises for their personal use and occupation to start a business for plaintiff No. 2. The defendants were thus requested but they did not vacate. Hence the suit was filed. The case of the defendant -tenants/petitioners is that the plaintiffs are not the real owner of the suit premises and the instant case was filed as a counter action after the petitioner had filed Title Suit No. 85 of 1997 which was disposed of by Lok Adalat on the basis of the compromise, on 3.12.1997. According to the defendants, initially the rent of the premises was Rs. 375/ - per month, But the rent was subsequently enhanced from time to time and the defendants were forced to pay an illegally enhanced rent @ Rs. 700.00 per month from January, 1990. Even rent receipts were not granted. The plaintiffs managed one Sub -Inspector of Police namely, Ashok Kumar Giri, who threatened the petitioners of dire consequences. Under that circumstance, defendants had to file the said title suit being Title Suit No. 85 of 1997 with a prayer for injunction. However, the landlord subsequently came to the terms and the matter was settled and the said suit was disposed of the terms of compromise on 23.12.1997. The defendants denied the landlord 'sground of personal need and alleged that the only motive was to further enhance the monthly rent and that the suit was frivolous and baseless.
(3.) SINCE the suit was filed only on the ground of personal necessity the same was deal with under the provision of Sec.14 of the Bihar Building (Lease Rent and Eviction) Control Act, 1982. The trial Court after discussing and considering the evidences and materials on the record arrived at the finding that the plaintiffs require the suit premises for bona fide requirements. The Court below also considered that the needs of the landlord cannot satisfy by partial eviction of the tenants. The learned trial Court thus decreed the suit in favour of the plaintiffs and has direct the defendants to vacate the suit premises within 90 days.;