N.N.TIWARI,J. - (1.) THIS civil revision has been preferred by the tenant -defendant under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act [hereinafter referred to as 'the said Act' against the judgment and decree dated 30.11.2005 passed by learned Sub -Judge -II, Deoghar ,in Title Eviction Suit No. 34/98 whereby the Court below has decreed the landlord -plaintiffs' suit for eviction on the ground of personal necessity.
(2.) THE plaintiffs' case in brief s that they are the owner and the landlord of the suit premises which was let out to one Hridaya Narayan Sah and after the death the said tenant, the right of tenancy devolved upon the defendants who are the heirs and legal representatives of Hridaya Narayan Sah and they are now tenants on payment of monthly rent of Rs. 300/ - per month. The plaintiff No.1 was in Government service who retired on 31.7.96 and has come to reside at Deoghar with his wife, mother and children. For want of accommodation the plaintiff is living with great difficulties in only one room on the first floor and one room on the second floor. His son is B.Sc (Hons.) and is in service in a private medical store at Sahibabad (U.P.) who wants to run his own business. Three sons of the younger brother of the plaintiff No. 1 are commerce graduates and they are also unemployed. There is only one shop under their occupation in which all cannot be accommodated. The suit premises is a suitable place to start business and the plaintiffs have also got sufficient fund for starting the business. The mother of the plaintiff No. 1 is an old lady aged about more than 80 years and the wife of plaintiff No. 1 suffering from knee -joint pain and they are -not able to go upstairs and the portion of the suit premises at the ground floor is also required for their accommodation. The plaintiffs thus required' the suit premises reasonably and in good faith for their own use and occupation. The defendants appeared and contested the suit by filing the written statement. It was stated, inter alia, that the plaintiff No. 2 is not dependant on the plaintiff No.1. The sons of late lal Babu Sah are not joint in mess, residence and business. The plaintiff No. 1 is not the guardian and Karta of the family or of his nephews. The petitioner has got no concern with the family members of his younger brother who are separated after an amicable partition in the family. It was contended that there are two portions of Holding No. 404 which is in the occupation of the plaintiffs' nephews. The shop premises is double storied and is in their occupation. On the first floor they are running Peda shop and on the second floor they are running steel utensils shop. The plaintiffs' sons have their own business at Gaziabad and the plea of requirement of accommodation for their sons is malicious and baseless. The plaintiff No. 1 has retired from Government service and got. pensionary benefits and has been leading a happy life. The defendants thus denied the claim of personal bona fide need of the suit premises.
(3.) ON the basis of the pleadings, several issues were framed by learned Trial Court. The parties adduced their evidences, oral and documentary. The plaintiffs examined altogether 14 witnesses and also brought on record several documents as Exts. 1, 2, 3, 4, 5 and 6 series. The defendants also examined 10 witnesses and exhibited some documents as Exts. A series and B series. Learned Trial Court thoroughly scrutinized and discussed the evidences on record one by one. Learned Court below after detailed discussion and consideration . of, the facts, evidences and materials on record has come to the finding that there is relationship of landlord and tenant between the parties and that the plaintiffs require the suit premises reasonably and in good faith. Learned Court below has further found that the partial eviction of the tenant shall not satisfy the need of the landlord -plaintiffs. Learned Court below decided all the issues in favour of the plaintiffs and decreed the suit directing the defendants to vacate the suit premises.;