- (1.) THIS Civil Revision Application has been filed under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction Control) Act, 1982 (the Act for short) by the defendant -petitioner (hereinafter referred to as the Tenant) against the judgment and decree dated 10.4.2007 passed in Eviction Suit No. 1 of 2005 by learned Munsif, Saraikella, Kharsawan decreeing the suit filed by the plaintiff - opposite party (hereinafter referred to as the Landlord).
(2.) THE case of the landlord, in short, is that under a deed of agreement dated 1.2.2003, the tenant is in occupation of one room (Shop) no. 1, measuring 104 sq.ft. on monthly rent of Rs. 430/ - per month. The said room is required for the son of landlord Mr. Manoj Kumar, who is a practicing advocate in Jamshedpur and is facing difficulty for want of his chamber. The suit premises is ideally and conveniently situated for the purpose. The landlord has got no other suitable place for the said purpose. In spite of request, the tenant has not vacated. The case of the tenant, inter alia, is that the landlord does not require the suit premises reasonably and in good faith. The said Manoj Kumar has joined with a senior and is practicing at Jamshedpur and therefore the chamber at Adityapur is of no use to him and the landlord should find out some other place at Jamshedpur. The landlord has got other shops available in the building in question. The suit has been filed for pressurizing the tenant for enhancing the rent.
(3.) THE trial court framed seven issues. Issue No. 3 with regard to relationship of landlord and tenant and issue no. 4 with regard to bona fide requirement were taken up together. After considering the respective cases of the parties and the materials brought on record by them, it was held that there is relationship of landlord and tenant between the parties and the requirement of suit premises is bona fide. Learned counsel appearing for the petitioner could not dispute the finding with regard to relationship of landlord and tenant between the parties, rather this appears to be accepted position by the tenant.;