BRIJESH PRASAD Vs. MOST KAMLA VERMA

JUDGEMENT

(1.) THIS second appeal is directed against the judgment passed in Title Appeal No. 64 of 1995 by the 1st Additional District Judge, Patna reversing the judgment and decree passed in Title Eviction Suit No. 19 of 1991 by the Munsif, Patna City.

(2.) IN short, the case of the plaintiffs is that plaintiff No. 1 Dineshwar Math Verma purchased the suit property in the name of his close relation Satya Narain Lai (plaintiff No. 2). On 7.1.1972, plaintiffs inducted the father of defendants-appellants as tenant on suit property which is a portion of the holding in question and fully described in Schedule 1 of the plaint at a monthly rental of Rs. 100/- which was finally increased up to Rs. 515/- from 1990. The remaining portion the holding was in occupation of other tenants. Their further case is that since last one year i.e. from 25.4.1991 the plaintiff No. 1 was posted at Patna as Deputy Secretary Forest and Environment Department, Government of Bihar and he was going to retire very soon. His children were major and their marriages were being postponed for want of accommodation.

(3.) THE trial Court held that there is relationship of landlord and tenant between the plaintiffs and the defendants. However, rest of the issues, such as regarding requirement of the premises in question reasonably and in good faith and can the necessity of plaintiffs be fulfilled from partial eviction, were decided by the trial Court against the plaintiffs and the suit was dismissed.