PRAKASH KUMAR CHAURASIA Vs. ARYA SAMAJ

JUDGEMENT

(1.) The defendant has preferred this civil revision application under the provisions of Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act 1982 (hereinafter referred to as the Act), and is directed against the judgment dated 25.4.2004, passed by the learned Sub-ordinate Judge III, East Champaran (Motihari), in Eviction Suit No. 12 of 1998/ 2 of 2004 (Arya Samaj Vs. Prakash Kumar Chaurasiya), whereby the suit for eviction on the ground of expiry of the period of lease has been decreed, and the defendant (petitioner herein) has been directed to vacate the premises. We shall go by the description of the parties occurring in the plaint.

(2.) A brief statement of facts essential for the disposal of this civil revision application may be indicated. The plaintiff (opposite party herein) is a religious sect of Hindu and owns immovable property in the township of Motihari, wherein is situate its temple for worship of Hindus. It has also set up a few shops to let out to various tenants to meet its financial requirements. The plaintiff let out one such shop to the defendant by unregistered lease dated 6.3.1997 (Ext.1), letting out the shop in question for the period 16.3.1997 to 31.1.1998. After expiry of the period of lease, the defendant did not vacate the premises leading to the suit on the grounds of personal necessity as well as expiry of the period of lease.

(3.) The defendant entered appearance, filed his written statement, and contested the suit. On a consideration of the entire evidence on record, the learned trial court rejected the plaintiffs case for eviction on the ground of personal necessity. It, however, decreed the suit on the ground of expiry of the period of lease. Hence this civil revision application.