CHANDRADEO KUMAR ALIASJAWAHARLAL Vs. KRISHNA PRASAD

JUDGEMENT

(1.) This civil revision has been filed by the defendant-petitioner under the Proviso to Sub-section (8) of Section 14 of the Bihar Buildings ( Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act' for the sake of brevity ), challenging the order of his eviction vide judgment dated 13.11.2007, by which the Munsif, Biharsharif, Nalanda decreed Eviction Suit No. 09 of 1998.

(2.) The aforesaid suit was filed by the plaintiff-opposite party No. 1 for eviction against the defendant-petitioner as well as defendants-opposite parties 2nd set with respect to the suit house bearing holding No. 167, (new 167A), Ward No. 8 (new Ward No. 15) of Biharsharif Municipality situated in Mohalla Kamruddinganj, in the town of Biharsharif within the district of Nalanda, claiming following relief's on the ground of his bona fide personal requirement:

(3.) The claim of the plaintiff was that one Lala Prasad, son of Prayag Sao had four sons, namely, Shri Krishna Prasad (plaintiff), Chandradeo Kumar (defendant No. 1), Manik Chandra Prasad (non-party) and Surendra Prasad (non-party). It is further claimed that by registered sale-deed dated 30.05.1970 (Ext.8) Lala Prasad purchased the suit land in the name of his two sons, namely, Shri Krishna Prasad (plaintiff) and Chandradeo Kumar (defendant No. 1) and, thereafter, he constructed two buildings thereupon and had his flour mill etc. thereon. It is further claimed that there was partition between the aforesaid Lala Prasad and his sons on 15.08.1970 with respect to all the ancestral lands including the suit premises and in the said partition Lala Prasad did not take anything and the suit premises was allotted to the exclusive share of the plaintiff, whereas, defendant No. 1 and his other brothers were given separate properties at Mirchaiganj and a memorandum of partition (Ext.7) was, accordingly, prepared and since then the plaintiff remained in exclusive possession of the suit premises as absolute owner thereof.