LAWS(PAT)-2012-2-30

SHAILENDRA KUMAR JHA Vs. AJAY DHARI SINGH

Decided On February 08, 2012
SHAILENDRA KUMAR JHA Appellant
V/S
AJAY DHARI SINGH Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing on behalf of the petitioner and also the learned counsel appearing on behalf of the opposite parties.

(2.) THIS civil revision application has been preferred under Section 14(8) of the Bihar Buildings(Lease, Rent and Eviction)Control Act, 1982(hereinafter, in short, the B.B.C.Act)against the judgment and decree dated 25.03.2004 passed by Munsif I, Madhubani in Eviction Suit No. 02/96 whereby eviction decree has been passed against the defendant- petitioner from the suit premises. The parties hereinafter shall be referred to by the position held by them in the suit.

(3.) AFTER remand aforesaid, the learned court below took up the hearing of the suit afresh on the issues which included the issue regarding the relationship of landlord and tenant and bona fide personal necessity of the plaintiff as well as the issue whether the plaintiff had been set up by the defendant no.2 for the purpose of eviction of the defendant no.1 and as to whether the defendant no.1 was liable to be evicted as the terms of the lease had expired.