JOGESHWARDEVI Vs. ASHOK KUMAR CHACHRA

JUDGEMENT

(1.) -This Civil revision application is drected against the judgment and decree dated 13-8-1990 passed by Shri Manoranjan Prasad Srivastava, Munsif, Jamshedpur, in Eviction Suit No. 353 of. 1987, whereby and whereunder the said learned court passed a decree for eviction against the petitioner in Eviction Suit No. 353 of 1987 purported to be on the ground of bona fide requirement of the suit premises by the plaintiff-opposite party.

(2.) Bereft of all unnecessary details, the fact of the matter is as follows : The Suit property previously belonged to one Laxmi Narayan Agarwal. His son Damodar Prasad Chetani by registered deed of sale dated 19-2-1982 transferred the entire house premises comprised within Holding No. 1/104 including the tenanted suit premises to the plaintiff. According to the plaintiff, his father was running a sttationery shop under the name and style of Ashok Fancy Stores in one of the shops within the said holding in which the plaintiff was assisting his father. It was stated that the suit premises was required for expansion of the said Ashok Fancy Stores' as also in order to enable the plaintiff and his two brothers Arun Kumar and Pawan Kumar to start business.

(3.) The case of the defendant-petitioner, on the other hand, was that Laxmi Narayan Agarwal died leaving behind two sons, besides two daughters and thus Damodar Prasad Chetani was incompetent to sell the entire holding to the plaintiff. It was further alleged that Raghunath Thakur, the husband of the petitioner was inducted as a tenant, who died leaving behind the petitioner and two sons petitioners No. 2 and 3 and two daughters who have not been impleaded as parties to the suit and on the ground the suit is liable to be dismissed. It was further contended that the tenanted premises consists of only one room measuring 81/2'x9 '; it was further stated that the plaintiff is in occupation of various other buildings.