SHRIMATI KISHORI DEVI Vs. NABENDRA PRASAD

JUDGEMENT

(1.) THE tenants are the petitioners against the judgment and decree dated 31.8.2001 decreeing the suit of the plaintiff-opposite party for eviction on the ground of personal necessity in terms of Section 11(1)(c) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (for short 'the Act') by following the special procedure as provided under Section 14 of the Act.

(2.) THE plaintiff-opposite party filed a suit for eviction of the tenant-petitioners on the assertion that the house in question belonged to his mother Kunti Kuar, who died on 3.9.1982. THEreafter, there was a partition between her two sons, namely, the plaintiff and Mahendra Prasad. THE suit premises consisting of one strayed Khaparpose building, comprising three rooms, one verandah, a courtyard, bath-room and latrine, fell into his share. THE suit house bears municipal holding No. 354 (old), new 182, R.S.P. 226, under Khata No. 33, Ward No. 17, Muhalla Brahmantoli, town Muzaffarpur. After allotment of the said house in his share, his name has been mutated in the municipal record as well as in the record of the Anchal Office.

(3.) THE question for consideration is as to whether the requirement of the plaintiff is reasonable and bona fide. THE land-lord is entitled to a decree of eviction on the ground of personal necessity in terms of Section 11(1)(c) of the Act, which runs as follows: