N.N.TIWARI, J. - (1.) THIS civil revision has been preferred by the tenant -petitioner against the judgment and decree dated 29th August, 2005 passed by learned Subordinate Judge 1st, Pakur in Title (Eviction) Suit No. 36 of 2003 whereby the landlord - plaintiffs suit has been decreed against the defendant -tenant with the direction to vacate the suit premises within two months from the date of the decree.
(2.) THE case of the plaintiff was that he is the owner of the suit premises and the defendant -tenant was inducted as a monthly tenant in outer room which has been fully described in schedule B to the plaint, on execution of an agreement. Earlier the tenancy was for the fixed period, but the defendant was allowed to remain in the suit premises till 30th June, 2003; thereafter, he was served with a notice asking him to vacate the suit premises as the plaintiff required the suit premises for his own use and occupation. It has been stated that the plaintiff requires the premises to start a hardware -sanitary equipment business for his elder son for which the suit premises is the suitable place in the market. The defendant, inspite of request, did not vacate the suit premises, hence the suit. The defendant appeared and obtained leave of the Court to contest the suit, as required under the provision of Sub -section (4) of Section 14 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the said Act"). The defendant filed his written statement, stating, interalia that the suit was deliberately filed though the plaintiff has got no cause of action for the suit. The alleged requirement is not bona fide. The son for whom the plaintiff made a ground of necessity has been already running and managing his business of hotel in the name and style of Ambar Guest House. The plaintiff is a moneyed man and has got various business. The defendant has, thus, denied the plaintiffs claim and contested the suit.
(3.) SEVERAL issues were framed by learned Court below. Both the parties led evidences. On thorough consideration of oral and documentary evidences and other materials on record, learned Court below decided the contested issues in favour of the plaintiff and decreed the suit.;