DEEPAK KUMAR VERMA Vs. RAM SWAMP SINGH

JUDGEMENT

(1.) This application under Section 14 (8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to and called, for the sake of brevity, as the 'said Act') arises out of a judgment and decree dated 30th August, 1990 passed by Md. Zafar Imam, 3rd Additional Munsif, Giridih in Eviction Suit No. 26/6 of 1988-90.

(2.) The plaintiff-opposite party filed the aforementioned Eviction suit against the defendants/petitioners alleging therein that the defendants are their tenants and he requires the suit premises for his personal occupation bona fide and in good faith.

(3.) The fact of the matter lies in a very narrow compass. The plaintiff-opposite party has contended that one Muni Rai son of late Kheman Rai was originally the owner of the lands and house bearing Giridih Municipality Holding No. 343 (old) and 514 (new) Ward No. 1 situated at Mouza Makatpur, Giridih. Said Muni Rai sold the aforementioned holding to one Shiva Shankar Mahto and Somman Mahto alias Chutari Mahto son of Dilo Mahto by virtue of a registered deed of sale dated 31-3-1973. Shiva Shankar Mahto died leaving behind him his wife and son Tip Narain Singh, who later sold 2 kathas 14 chhataks of land along with house standing thereon to Luxman Ram by virtue of a registered deed of sale dated 4-12-1968 Luxman Ram in turn, sold the said piece of land to the plaintiff by virtue of a registered deed of sale dated 3-9-1975 for valuable consideration and put the plaintiff in possession thereof. It is the further case of the plaintiff that aforementioned Somman Mahto alias Chutari died leaving behind his wife Mosst. Bhagia who sold an area of one katha of land to one Bhatani Devi by virtue of a registered sale deed dated 3-12-1966. Bhatani Devi in turn sold the said land along with house standing thereon to the plaintiff by executing a registered sale-deed dated 23-9-1969 and put the plaintiff in possession thereof. It is also the case of the plantiff that later on in order to meet some legal necessity, aforementioned Mosst. Bhagia and one Ramchandra Mahto, wife and son of late Sonaman Mahto alias Chutari Mahto also sold 1 katha 61/2 dhurs of land along with a house standing thereon to the plaintiff by execution of a sale-deed dated 10-4-1975 over which the plaintiff came in possession. Thus the plaintiff by virtue of aforementioned sale-deeds dated 23-2-1969, 3-9-1975 and 10-4-1975 has acquired right, title and interest as also possession over the entire 4 katbas 14 chataks and 61/2 dhoors of land.