RAMESH KUMAR MERATHIA, J. - (1.) THIS civil revision application has been filed under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act (the Act for short) against the judgment and decree dated 17.6.2006 passed by the learned Munsif in Title (Eviction) Suit No. 28 of 2002 decreeing the suit for eviction filed on behalf of the plaintiffs/opposite parties on the ground of personal necessity of plaintiff - opposite party No. 1 Ajay Modi, under Section 11(1)(c) of the Act.
(2.) THE case of the plaintiffs in short is as follows. The plaintiff No. 1 -Ajay Modi shifted from Ranchi to Nagpur in the year 1994 and started his business of C & F of Foseco India Ltd. The said company closed down its business at Nagpur and accordingly by letter dated 2.1.2001 (Ext. -2) terminated the C & F agreement with Ajay Modi w.e.f. 13.10.2001. Ajay Modi decided to come back to Ranchi after closure of the said business as it was difficult to maintain his family at Nagpur. The suit premises was suitable for the purpose of starting the business. Plaintiff No. 2 Ashish Modi has his own business in the name and style of M/s. Balaji Enterprises. The plaintiff No. 1 has no other premises for starting business. The plaintiff No. 1 requires the entire suit premises as the type of business that he wants to start cannot run in a portion of the suit premises. The defendant has purchased a shop in the nearby street, but in spite of repeated request, the suit premises has not been vacated. The case of the defendant in short is as follows. Ajay Modi is still living at Nagpur and is carrying on business there. The suit has been filed as the defendant did not agree for payment of enhanced rent and Pagri. The plaintiffs want to construct multistoreyed market complex and therefore the eviction is being claimed on false and concocted ground. Other premises is available in the building in which suit premises is situated, and therefore requirement pleaded was neither bona fide nor reasonable. The type of business Ajay Modi wants to start can run in portion of the suit premises.
(3.) THE plaintiffs led oral and documentary evidences. The defendants led oral evidences. The trial court decreed the suit, against which this civil revision application has been filed.;