R.K.MERATHIA, J. - (1.) ON 18.9.2008, this Civil Revision Application was heard at length for final disposal.
(2.) THIS Civil Revision Application has been filed by the defendant/tenant/petitioner against the judgment dated 14.2.2005, passed by learned Munsif, Ranchi in Title Eviction Suit No. 27/2001. The original plaintiff -Ram Das Vishwakarma having died during pendency of this Civil Revision Application, his heirs have been substituted as the opposite parties. The said suit was filed by the original plaintiff for eviction of the petitioner on the ground of his bona fide personal necessity, under Section 11(1)(c), read with Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1983, (the Act for short). The case of the original plaintiff, in short, was that the petitioner was inducted in the year 1976 for having his godown for a fixed period of 11 months but he became as month to month tenant on a monthly rental of Rs. 225/ - per month with regard to the schedule premises (15 fts. wide on road, 22 fts. deep and 6 fts. on the rear side). The original plaintiff had limited income from his book shop and therefore he let out one premises of 10x10 sq. ft. to one Mr. Rizwan Hoda for a period of 5 years. The original plaintiff had four unmarried daughters to support, maintain and educate; among whom, two were of marriageable age -Sandhya and Sobha, who received training in cutting clothes and in teaching children respectively. In order to utilize their education and for their self employment, the suit premises was required.
(3.) SINCE in the rear and eastern side of the suit premises the original plaintiff had his own residence, therefore the suit premises was most suitable for the purpose of his daughters. Thus, in substance the original plaintiff claimed bona fide personal necessity for his growing daughters, in paragraph 6 of the plaint. In paragraph 7 thereof, he said that except the suit premises, he does not have any other premises suitable for his use. The dispute with regard to default was not required to be gone into in this suit filed for eviction on the ground of personal requirement.;