M.Y.EQBAL, J. - (1.) THIS revision application under Section 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 is directed against the judgment and decree dated 30th September, 2003 passed by Subordinate Judge -III, Dumka in Title Eviction Suit No.12 of 1999 whereby he has decreed the suit for eviction of the defendant from the suit premises on the ground of personal necessity.
(2.) THE plaintiff -Opp. Party filed the aforementioned Eviction Suit No.12 of 1999 for a decree of eviction of the defendant from the suit premises comprised within Holding No.161/19 Ward No. 3/10 within Dumka municipality. The case of the plaintiff in short is that the suit building which is a double storied building originally belonged to Sita Devi Saraf, wife of late Banarasi Lal Saraf. The plaintiff alleged to have purchased the suit premises from Smt. Sita Devi Saraf by virtue of a registered sale deed dated 24.4.1997 and after purchase he got his name mutated in the Municipality and Circle Office and has been paying all the rent and taxes in his own name. The defendant -petitioner is a tenant in respect of western portion of the brick -built pucca house consist of three rooms. The plaintiff's case is that he is residing in his father's hosue where there is scarcity of accommodation and due to paucity of accommodation, he wanted his own accommodation in the suit premises. It is pleaded that he requires the suit premises for his own use and occupation.
(3.) THE defendant -petitioner contested the suit by filing written statement. The defendant disputed the case of the plaintiff with regard to personal necessity. The defendant also challenged the description of the suit premises given in the plaint.;