Amitav K. Gupta, J. - (1.) This revision is directed against the impugned order and judgment dated 06.03.2017 passed by Civil Judge, Jr. Division(Munsif), Giridih in Eviction Suit no.08/2006 whereby the plaintiff's suit was decreed with a direction to the defendant(petitioner in the present case) to hand over the vacant possession of the suit premises.
(2.) The plaintiff( O.P. in the present case) had instituted the suit for eviction of the tenant on the ground of personal necessity in term of Section 11 OFLTHE Jharkhand Building(Lease, Rent and Eviction) Control Act, 2000 ( in short to be called 'Act') as he requires the suit premises for starting the business.
(3.) Learned counsel for the petitioner has submitted that the defendant was inducted as a tenant on the basis of a registered kirayanama for the period from 12.01.2001 to 07.01.2006. The defendant had appeared and filed their written statement but since no leave was granted the suit was initially decreed in terms of Section 14(4) of the Act. Against the said order the petitioner had earlier preferred revision and this Court vide order dated 26.08.2016 had remitted the matter to the court below to decide the case on the basis of the evidence and shall exercise its discretion in permitting the defendant to cross-examine the plaintiff's witnesses only on limited points of lease deed and personal necessity without putting forth the defence of the defendant to plead his own case. The court below, on the basis of the remand, examined plaintiff's witnesses, who were cross-examined by the O.P. and decreed the suit which order and judgment is under challenge before this Court.;