IQBAL MD SAMI Vs. MOHAMMAD BADARUL HASAN

JUDGEMENT

(1.) Heard Mr. Arshad Alam the learned counsel appearing on behalf of the petitioner and Mr. Abbas Haider, the learned counsel appearing on behalf of the opposite party.

(2.) The instant civil revision application has been filed under Section 14(8) of the Bihar Buildings (Lease Rent & Eviction)Control Act, 1982(hereinafter referred to as the Act) against the judgment and order dated 27.08.2008 in Eviction Suit No. 22/94 by Civil Judge II(Sr. Division)Patna City by which the plaintiff has been granted the order for recovery of possession over the suit premises.

(3.) The plaintiff has filed the suit seeking eviction of the original defendant (now deceased, through L. R. ) on the ground of personal necessity alone. After the death of original defendant, the petitioner no. 1 has been added as party-defendant, besides the heirs of original defendant, on the basis of power of attorney by the nephews of Chanda Begum. The matrix of facts as pleaded by the plaintiff, is that the M. S. Plot No. 1246, H. No. 1, C. N. 148 of Patna Municipal Corporation of which the suit house described in Schedule I is a part originally belonged to Badrul Hasan who had two sons namely Nazmul Hasan and Nazrul Hasan who became entitled to equal share therein after the death of their father. Nazrul Hasan had two wives namely Husna Begum and Chanda Begum and he had a daughter namely Jamal Ara from Husna Begum. Nazrul Hasan transferred his half share, out of his share in the M. S. Plot No. 1246 to his wife Chanda Begum by registered deed of Bai Mukasa dated 14.06.1969 and further transferred his remaining half share to his daughter Jamal Ara by registered sale deed dated 02.07.1969. It is the further case of the plaintiffs that Nazmul Hasan who was holding half share in the M. S. Plot No. 1246 had made oral Hibba in favour of his niece Jamal Ara which was accepted by her and she came in possession of the same. Further Chanda Begum also transferred her share in the M. S. Plot No. 1246, which she had received through the deed of Bai Mukasa abovementioned, to her step-daughter, Jamal Ara by oral Hibba on 25.01.1981 and in this manner Jamal Ara acquired title over the entire property of M. S. Plot No. 1246 and got her name mutated in the municipal corporation accordingly. It is further case of the plaintiff that by registered sale deed dated 02.01.94, Jamal Ara transferred the suit house to the plaintiff and thus the plaintiff acquired the title and possession over the purchased property. It is also the case of the plaintiff that there had been partition in between the plaintiff and his brothers with regard to their own ancestral property wherein the plaintiff had also accepted cash in lieu of his share and from that money he had purchased the disputed suit house for his residence as well as for doing business. It is the case of the plaintiff that the defendant was the tenant in the suit house purchased by him but he refused to vacate the same. Hence the suit.