SUKDEOJI Vs. PURUSHOTTAM SHARMA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the appellants as well as the respondents.

(2.) The matrix of facts appearing from the pleadings of the parties is that the father of the plaintiff owned a double-storied house standing over an area of 2 kathas 1 dhurs in Mohallah Sahebganj, Chapra town, mentioned in the Schedule of the plaint. By gift deed dated 24-7-1974 he(father) gifted southern half of the house to the plaintiff and by gift deed of the same date he gifted northern half of the house to the brother of the plaintiff, namely, Baldeoji and delivered possession to the donees. The gifted portion of the house to the plaintiff has been described in Schedule II of the plaint. The plaintiff and his brother Baldeoji, accordingly, got their names mutated with regard to their gifted portions in the house and separate Holding Nos. 215 and 215A had been established in the name of the plaintiff and his brother respectively.

(3.) It is the case of the plaintiff that the defendants are the tenants of the plaintiff in the two rooms on the ground floor at a monthly rental of Rs.250/ per month. However, the plaintiff has asserted that he requires the suit premises reasonably and in good faith for the business purposes of his four sons, one of whom is running his business in a rented premises. Thus, the plaintiff has filed the suit for eviction on the ground of personal necessity alone.